Local Authorities Wide Discretion confirmed... again!

On the 27^th March we reported the outcome of a Judicial Review Application by Operators of Sexual Entertainment Venues (SEV) in Leeds, Bean Leisure and Ruby May, which upheld Leeds' decision not to renew the SEV licence of the Applicants and affirmed the extremely wide discretion afforded to Local Authorities when determining application for SEV applications.

If there were any doubt remaining a decision yesterday in the case of R. (on the application of Bridgerow Ltd) v Cheshire West and Chester BC seems to have extinguished the same.

This case concerned an existing Operator of an SEV in Chester.  The premises had operated since 2005 however in 2013 the Local Authority refused to renew the SEV licence, this draws similarities with the Leeds case.

The Judge in this matter remitted the case to the Local Authority for reconsideration after hearing arguments on behalf of the Operator and Local Authority.  Although at first glance this would appear to be a victory for the Operator and possibly offer some respite from the recent decisions. It does not.  The Judge affirmed once again the discretion available to the Local Authority which appear able to consider an enormous range of factors and even consider factors yet to materialise such as planned developments.

The matter was in fact remitted solely because of procedural irregularities. By reference to the Local Authority's constitution determination of applications to renew SEV were to be considered by a panel of three members drawn from the full committee on a "politically proportionate basis".

The case was in fact considered by the full committee of 12 members.  The decision itself was extremely close and the application was only refused on the basis of the Chair's casting vote.

The Judge agreed with submissions that it was not open to the full licensing committee to override the constitution and delegate powers to itself. Further the full Committee was equally divided politically as opposed to being constituted on a politically proportionate basis; it could not be said that the same result would have been achieved by a panel of three.

The Operator will now have the opportunity to present their application to renew their SEV licence before a correctly constituted panel; we await the outcome.

The constitution of the new committee will be very interesting.