QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
London WC2A 2LL
B e f o r e :
|THE QUEEN ON THE APPLICATION OF THE LORD MAYOR AND THE CITIZENS OF WESTMINSTER CITY COUNCIL||Claimant|
|METROPOLITAN STIPENDIARY MAGISTRATE||Defendant|
|MARC MERRAN||Interested Party|
WordWave International Limited
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(Official Shorthand Writers to the Court)
Mr G Gouriet QC and Mr T de la Mare (instructed by Jeffrey Green Russell) appeared on behalf of the Interested Party
Crown Copyright ©
"(3) Where relevant representations are made, the authority must --
(b) having regard to the representations, take such steps mentioned in subsection (4 (if any) as it considers necessary for the promotion of the licensing objectives.
(4) The steps are --
(a) to modify the conditions of the licence;
(b) to reject the whole or part of the application;
and for this purpose the conditions of the licence are modified if any of them is altered or omitted or any new condition is added."
"(b) substitute for the decision appealed against any other decision which could have been made by the licensing authority."
"1) Substantial refreshment will be provided at the premises throughout all trading hours, and will be actively promoted by the high visibility of menus throughout the restaurant and at the bars.
2) No drinks promotions save for the provision of free soft drinks in certain circumstances.
3)No food or drinks to be consumed outside the premises.
4) No new entries (other than staff) after 2.15 a.m.
5) The present rules as to entry to remain in force i.e. no entry unless a member and his guest; or entry has been pre-booked at least by 6.00 p.m. that day, giving full details and a guest list.
6) The entry charge to be not less than 20 per cent of the Thursday night minimum spend per person for ordinary club tables.
7) All customers awaiting their car to be brought by a valet to be encouraged to wait within the premises.
8) All customers, or staff, waiting for a cab or other lift, to be encouraged to wait within the premises.
9) On any evening that the premises trade beyond 3.00 a.m., at least one bar will remain open until 5.00 a.m. and there will be a wind down period of at least one and a half hours, this winding down period is part of the trading hours for the purposes of condition 1.
10) During the winding down period the temp of the music played and its volume to be reduced substantially to the extent that for the last half hour it is possible throughout the premises to have a spoken conversation with another at normal speech level.
11) Throughout the night the doorstaff of the club to endeavour to assist the street sweeper and street flusher by encouraging customers to stay inside the club and out of their way and also ensuring that valet parked cars and legal minicabs are moved from Argyll Street and Little Argyll Street as far as possible.
12) For the period between 2.30m and 3.45 a.m. and the period an hour before the premises closes until at least half an hour after, two members of security wearing high visibility jackets to provide a presence in Argyll Street and Little Argyll Street.
13) When the premises close a member of staff will be employed to carry out a litter patrol of Argyll Street and Little Argyll Street and clear them of all litter and detritus."
"If that which is excised is fundamental ... then it would seem to me to follow that the character of the rest of it would be altered by excision. If excision would alter the substance ... then excision is not permissible."
"The imposition of a last entry time, together with the existing booking restrictions will give the management greater control over their customers, and, I hope, ensure that they exercise that control fully to reduce drunkenness and bad behaviour without restricting their profits. It will also restrict the possibility of people coming on to this club after other clubs have shut."
That passage referred to the interlocking conditions numbers 4, 5 and 6.
"The terms of a licence and its conditions may of course be the subject of enforcement. Breach carries criminal sanction. Everyone must know where they stand from the terms of the document. It must be apparent from reading the document what the licence and its conditions mean."
"I can well understand that a by-law will be held void for uncertainty if it can be given no meaning or no sensible or ascertainable meaning. But if the uncertainty stems only from the fact that the words of the by-laws are ambiguous, it is well settled that it must, if possible, be given such a meaning as to make it reasonable and valid, rather than unreasonable and invalid."
"Everyone must know where they stand from the terms of the document."
"No promotional sales of alcohol at a price lower than that at which the same or similar alcoholic drinks are sold on the premises."
Thus redrafted the condition would be certain and capable of ready enforcement.
"No food or drinks supplied on the premises are to be consumed in the vicinity of the premises."
"No person may enter the club after 2.15 a.m., other than the staff, who has not already entered the premises that night prior to 2.15 a.m.."