Published on 20 July 2017
Archived on 20 August 2017
Stratford-on-Avon District Council has successfully defended its decision to revoke the premises licence of Bamboodle in Stratford-upon-Avon this week at Coventry and Warwickshire Magistrates' Court.
The revocation of the premises licence takes immediate effect.
In March Stratford-on-Avon District Council's Licensing Panel took the decision to revoke the premises licence of Bamboodle in Stratford-upon-Avon for the continued failure by the management of the premises to promote the licensing objectives and the prevention of public nuisance, the prevention of crime and disorder and public safety.
Bamboodle appealed that decision.
At the Hearing, the court found that there was no doubt that local residents had been severely adversely affected by noise nuisance coming from Union Street, with crowds of people associated with Bamboodle on the pavement and highway causing unacceptable noise nuisance.
It was proven beyond doubt that the door staff and management of the club have little or no regard for the number of customers on its premises with consequent significant risk to those inside the premises. The court noted with considerable concern the potentially awful consequences that would have followed a fire or other emergency. Despite frequent warnings and advice the management of Bamboodle appeared to have done nothing to attempt to comply with the maximum capacity requirement.
After the three day appeal hearing the Magistrates made the following decision: "We have decided through an overwhelming weight of evidence that despite every opportunity the licence holder has continued and continues to disregards its licence conditions. We concur with the finding of the licensing authority's review that there is no real likelihood that the licence holder will operate to promote the licensing objectives. We do not believe that the decision of the licensing committee to revoke the licence was 'wrong' and accordingly the appeal is dismissed."
The appellant company was also ordered to pay all the District Council's costs of just over £25,000.
Cllr Susan Adams, Licensing Panel Chair says: "This is another case that has shown that the District Council considers licensing issues seriously as well as public safety and welfare. Members of the public are entitled to enjoy a night out in a safe environment and that is what the panel is keen to endorse. This has been a long process and the judgement praises the professionalism and credibility of our witnesses and I would like to thank everyone involved in this case who have worked so hard on this over many months."
The Appeal Hearing took place on 17, 18 and 19 July in the Coventry and Warwickshire Magistrates' Court sitting at Nuneaton.
The Magistrates were: Mr M Owen JP, Mr R Barrow JP and Mr N Gallagher JP
The total sum of the District Council's costs is £25,485.46
Stratford-on-Avon District Council
Elizabeth House, Church Street,
Tel: 01789 267575