No ‘Arc – angels’ this Christmas!
The most recent campaign Headingley Network has been fighting has been to stop
the granting of the first special hours (i.e. late hours) alcohol licence to the Arc. There were 53 objections lodged with Leeds Licensing Magistrates who forwarded the
objections to the applicant and wrote to objectors to tell them first that their objection had been received and then that the hearing had been postponed to 18th
December.
We prepared a case against the granting of the licence, arranged for witnesses
to be there, including an expert witness from London who has studied the effects of liberal opening hours on communities. When the hearing began, it turned out that our
objections were not valid because we had not personally sent them to the applicant at least seven days before the hearing. Whilst none of the 53 people who objected was
aware of this rule, the applicant’s solicitor, Mr Paddy Whurr, who is an ‘expert’ in all legal matters relating to licensing, presumably knows these rules like the
back of his hand. Nevertheless, he apparently only noticed that morning that we hadn’t complied, was very sorry about the consequences, but couldn’t see a way around
the law which he said was very clearly mandatory. Our solicitor (who is not familiar with licensing law) tried to argue that since the applicant had, in fact, received
the objections, he had thus not been disadvantaged by not knowing in advance the grounds of the objections. The magistrates, the clerk of the court and the applicants’
solicitor were unmoved and we were told that we could not object to the application. Only about a dozen of the 53 objectors were in court to hear this argument, and I do
not know whether the others have been informed that their objections were ruled out of order on the day. They may still be under the illusion that they had been heard.
Because the original licence granted to the Arc had a restriction forbidding the
licensee to apply for a special hours certificate, the applicants had to apply for a new alcohol licence first. The rules are different for this process and objectors can
turn up on the day and object. We tried, therefore, to bring our objections to this part of the proceedings, but were repeatedly told that our comments were irrelevant,
or concerned the special hours licence which we were not allowed to object to (as explained above!). Since the only issue that the magistrates were really interested in
concerned the lifting of the restriction forbidding an application for a special hours licence, we were effectively silenced in both proceedings. Nevertheless, we pressed
on, and tried to use the expert witness’s evidence too. She was told that since she had not visited the Arc and was only able to talk in general terms, they did not
want to hear her evidence. Local residents who were clear that anti-social behaviour had increased and worsened since the Arc opened were told that unless they had
‘hard’ evidence about the Arc, the bench did not want to hear about the general decline of Headingley. There seemed to be an acceptance that Headingley was in
decline, and that alcohol was one factor, but no interest at all from magistrates or applicant in the responsibility of the suppliers of alcohol.
After the new licence was granted, the applicant’s solicitor asked for nearly
£1500 costs to be awarded against Headingley Network. Our solicitor argued that this would prevent local people objecting to new licenses in their area. He added that
one tenth of the costs had been awarded in Crown Court when we appealed against the granting of the licence to the Box. The magistrates awarded more than half - £750.
We now have this money to find, despite the fact that the Arc will probably make that amount in profit on the first evening it opens late.
The afternoon saw us (ignored and silent) watching an application for a late
licence for the Arc, which was discussed in glowing terms, since ‘there were no objections to this application’. Everyone in the court knew there were 53 objections,
but they didn’t count. It was granted, of course. There will be a dance floor, food will be available, the doors will be closed at 10 p.m. on late nights to prevent
people moving from one pub to another at closing time. The police will monitor the licence to make sure that the alcohol doesn’t become the main reason for people
staying in the Arc till 12.30. That’s the good news! When I asked the police licensing officer how they monitored these licences to make sure that alcohol remained
‘ancillary’ to food and entertainment, he said it was ‘very difficult’. He tried to suggest that we were the people who should collect evidence of the anti-social
behaviour we say is happening – we don’t need the police he said!
A very painful and costly chapter in our fight to retain something of the happy,
balanced community that Headingley should be. However, some good things might come of it. As a result of meeting the expert witness from London, we are now in touch with
other activists from similar areas. We are intending to lobby the government to make sure that the new legislation on licensing serves us better than the current laws.
Harold Best is planning to ask the Lord Chancellor a question about the lack of justice apparent in our experiences.
The next pub-related event is a council licensing panel hearing in January to
decide whether the Skyrack should be awarded an entertainments licence until 12.30 p.m. The battle continues! If you have information or evidence about the effect of the
pubs on our community – let us
know, let the police
know (get a crime number if you can) and take careful notes
(dates, details, photos etc.).
(See also -
Press Release
)
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A.G.M. 26th January 2003 Headingley Community Centre 3 p.m.
Make an impact. Get back some
control. Headingley fights back!
Good news to be discussed includes: action on Sparrows’ Park, retreat over the St Anne’s allotments sell-off and
new residents’ groups in your area. New members and old welcome to attend.
Regular meetings – all members welcome:
January 20th:
Strategies for the next years’ campaigning.
February 17th:
Cleansing – the new plan for Headingley
March 17th:
Planning issues – how we can be most effective.
All meetings 7.30 to 9.30 upstairs in Headingley Community Centre
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