Nightclub wins appeal over conditions requiring sniffer dog and ID scan

A nightclub has won an appeal after a licensing authority sought to impose a condition requiring the deployment of a drugs ‘sniffer dog’ at the entrance of the premises for 50% of opening hours.

The London Borough of Islington had also told Fabric to use an Identification Scanning Machine to record and store a photograph of all persons entering the premises.

District Judge Allison heard Fabric’s appeal against the conditions over three days at Islington Magistrates’ Court.

The judge concluded that, on the evidence she heard, the condition relating to the sniffer dog would not promote the licensing objectives.

District Judge Allison is also reported to have found that the use of a drugs dog could undermine the licensing objectives in a number of unintended ways, including causing drugs to remain in circulation that would otherwise have been confiscated under the nightclub’s search procedures.

On the issue of the ID scan, the judge concluded that there was no evidence that the premises had issues with underage entry/sales; that to deploy it at the nightclub would adversely affect the length of the queue, with possible public order consequences; and that it would create problems for the significant number of non-UK customers who would not necessarily carry photo ID.

District Judge Allison said that Fabric had no issues with violent crime and disorder, which made ID Scan a more understandable control measure at other premises.

The judge also noted that the ID Scan system Fabric had trialled for seven weeks had not been interrogated once by the police, and that in 16 years of operation there had only been one incident at the premises where ID Scan might have been of some use in the prevention of crime – although she added that, on the facts, she doubted it would.

The district judge ruled that imposition of the second condition had also been disproportionate.

Gerald Gouriet QC of Francis Taylor Building was instructed by Paddy Whur of Woods Whur.