Subscribe

Summary Review - Interim Steps Continue or Not? - Breaking News

We have periodically come across issues in relation to summary review proceedings and the vexed question of whether interim steps ordered by a Licensing Sub Committee as part of the summary review proceedings continue beyond the final hearing, or until the end of the 21 days in which an appeal can be lodged or alternatively pending the appeal itself.  This is a very important issue.

In the most serious and draconian circumstances, interim steps can include closure of the premises through suspension of the licence pending the full review hearing.

If the interim steps ordered continue beyond the full review hearing (a view not uncommonly held by the authorities but against which we have argued in the past), the effect on licensed premises could be catastrophic, if not having a terminal effect upon the business.

The contrary (and our) view is that the interim steps do not continue beyond the final review hearing and even if revocation is ordered at the final hearing, if an appeal is lodged, then trading should be able to continue free of any interim steps pending the hearing of the appeal.

We have just been informed of a case which has just come before Runcorn Magistrates this week where the District Judge has ruled that interim steps do not continue beyond the full Review hearing.  The matter was dealt with by Philip Kolvin QC and Sarah Clover of Counsel. 

As the matter was dealt with by the Magistrates' Court it is not binding, but is undoubtedly persuasive and is an interesting and welcome development on behalf of the trade.  As we hear further, we will of course update you.

Update: for further detail please see: Philip Kolvin Press Release.