Published on 23 March 2021
The owner of a local bar in Stratford-upon-Avon has been ordered to pay Stratford-on-Avon District £4,000 after losing an appeal at Birmingham Magistrates this week.
In August 2019, following a decision to review the Premises Licence held by Mr Earl Withers, Stratford District Council's Licensing Panel took the decision to suspended the premises licence of Shakespeare No1 for a period of six weeks 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.
The Panel stated that the public had been exposed to unacceptable risk and unacceptable impacts as a result of poor management practices at the premises and breaches of licensing conditions.
Following the Licensing Panel's decision Mr Withers appealed that decision.
At the appeal hearing this week, the judge dismissed the appeal and said having considered everything 'the restriction on the hours for Thursday, Friday and Saturday were 'necessary and proportionate' and that he agreed with the Licensing Panel's decision stating that they had conducted the hearing in an appropriate way and had come to reasonable conclusions.'
Mr Withers was ordered to pay costs of £4,000.
The decision to suspend the licence was originally put in place to provide the business suitable time to make the premises compliant with its licensing conditions.
As a significant amount of time had elapsed since the decision date and because the business had addressed and was now compliant in respect of the conditions the suspension was no longer deemed necessary.
Cllr Anne Parry, Regulatory Portfolio says: "This case demonstrates that the District Council considers licensing issues seriously, as well as public safety and welfare. Whilst we recognise the importance of having a vibrant night time economy, this has to reflect when permitted, that members of the public are entitled to enjoy a night out in a safe environment. It is equally essential that local residents shouldn't be unduly disturbed by the activities of this licensed venue and reinforces the original decision taken by the District Council's Licencing Panel."
Stratford-on-Avon District Council
Elizabeth House, Church Street,
Tel: 01789 267575