Costs ordered against Licensing Authority

We have previously reported on the application to vary the premises licence for Elements & Play Nightclub in Bedford which has been ongoing for some time. We now have, thanks to the IOL, the latest instalment relating to the application before Luton Magistrates in respect of costs. 

To re-cap, Jimann Ltd had made application to vary the Premises Licence which was refused by the Licensing Sub-Committee in June 2015. Luton Magistrates heard the Appeal against that decision and found in favour of Jimann Ltd. A costs hearing followed at which the Justices awarded £24,660 in costs to be paid by the Licensing Authority. This is unusual as generally speaking costs are rarely ordered to be paid by public bodies. However, in this instance, the Magistrates found that the Council had been unreasonable both in the failure to apply the policy uniformly (in relation to the 01.00 last entry time) and that the Local Authority’s resistance to the Appeal was misconceived and based on a lack of data to support any decision. As part of the Magistrates decision, they confirmed that they were not assisted in their deliberations by any of the Council’s witnesses. 

The Licensing Authority applied for permission to take the matter to the High Court for Judicial Review but this was refused on 29^th October 2015.

Additionally, in a separate Appeal heard by the City of London Magistrates’ Court, costs were ordered to be paid by one residents’ group against a second residents’ group who were both parties to an Appeal. This situation arose out of most unusual circumstances when the two groups were arguing against each other as to the wording of a condition endorsed upon the licence relating to where deliveries to the licensed premises were to be undertaken.

The District Judge confirmed that when he accepted the submissions of the first set of residents it established a general principle that cost awards could be made against non-parties to an Appeal “in exceptional and appropriate circumstances”.