Essence - What's in a name?

It has been reported through the Institute of Licensing that on the 3rd November 2014, District Judge Henderson sitting at Wimbledon Magistrates' struck out a licensing appeal regarding the Essence Nightclub in Kingston-upon-Thames.

Following the culmination of expedited review proceedings instigated in January by the Police, the Licensing Committee revoked the licence for these premises.

An Appeal was lodged within the 21 day appeal period; however following an application on behalf of the Council, these proceedings were stuck out.

It is reported that the Council argued that the Complainant which had instigated the Appeal (FL Trading Ltd) were not the actual Premises Licence Holder (Essence Bars (London) Ltd) and therefore had no right of appeal under Schedule 5 of the Licensing Act 2003. This appeared to be accepted by the Court. Both companies were part of the same group and shared a sole director; however they remain distinct legal entities.

Attempts on behalf of the Complainant to amend the proceedings were opposed by Gary Grant of Francis Taylor Buildings on behalf of the Council, citing established case law against the substitution of one Complainant for another after the 21-day statutory time limit.

The District Judge was persuaded by the argument and therefore the permission to amend was refused and the Appeal dismissed. The decision itself is not binding; however the principals advanced by Counsel are long established binding precedent.

It is not reported why the Complainant was incorrectly stated. This report acts as a salient reminder as to the importance such details.

We did not act for the appellant!