Court upholds Merton’s licensing decisions

Wimbledon Magistrates Court recently heard two appeal cases against licensing decisions made by Merton’s Licensing Sub-Committee.

Merton Council has a special cumulative impact policy for premises in Wimbledon Village. Councillors sitting on the Licensing Sub-Committee had refused to grant a later licence for the Rose and Crown Public House, 55 High Street. The Sub-Committee had accepted local residents’ evidence that granting a licence until midnight would cause disturbance.

Young & Co’s Brewery PLC appealed this decision at Wimbledon Court on 18 September 2006, however the Magistrates did not agree with their arguments and rejected the appeal.

SWNineteen, another premises in Wimbledon Village at 4-5 High Street, had applied for a condition to be removed from their licence. The lifting of the condition would allow them to sell alcohol for their last hour of trading, without customers having to purchase food.

Homefield Road Residents’ Association and other local residents had opposed the application, but councillors had decided to grant it. Ms Maddick-Pengelly appealed this decision on behalf of the Association. Wimbledon Magistrates rejected the appeal and ordered Ms Maddick-Pengelly to pay £4,000 legal costs to Merton Council.

Licensing Manager, Richard Nash said:

“Since the introduction of the new licensing system last year, Merton has only lost one appeal case and legal costs were not awarded against the authority.

“These two appeal cases confirm that Merton’s Licensing Policy Statement is both reasonable and robust. These decisions also prove that Merton Councillors are exercising sound judgement when considering contested licence applications.”