Potential new route to overturning council licensing decisions: London pilot scheme

Claire Morris, Associate Solicitor

Finally, what looks like some good news for the hospitality sector.

London is set to pilot a scheme that will allow the Lord Mayor to overturn decisions by local councils. The same scheme could eventually be rolled out to other areas, including Greater Manchester and the West Midlands.

The scheme is intended to support the capital’s clubs, pubs and music venues, potentially resulting in later hours and more alfresco dining.

Given the pressure the sector is under, it is hoped the scheme will start sooner rather than later.

The utility of the scheme will depend on several factors, including:

• The scope of the Lord Mayor’s powers, including the criteria for referral and the nature of decisions vested
• The role of the parties in the first round determination at council-level
• Whether any exclusions will apply and how the scheme will operate in relation to premises operating under authorities that have very strict cumulative impact policies (such as Westminster)
• Timescales for determination
• Associated costs.

Clarity is also required as to how the scheme operates within the existing regulatory framework of appeals and judicial review.

An obvious question is whether the scheme will encourage those councils operating onerous cumulative impact policies to soften their approach and take steps to open up local trade in a way operators so badly need at the moment.