Wetherspoons wins appeal over variation to licences and late night levy

Pub chain JD Wetherspoon has successfully appealed a refusal by Newcastle City Council to vary the premises licences for three of its premises in the city, it has been reported.

Jonathan Smith, Managing Partner at law firm Poppleston Allen, said variation had sought to introduce a condition removing authorisation to sell alcohol for the 'Late Night Levy period' whilst a Late Night Levy was in place.

In November 2014 Newcastle’s licensing committee considered that this was not a valid variation of licensing hours. It was felt that a return to previous hours without further scrutiny went against the licensing objectives.

A report to the committee suggested it would be unlawful and ultra vires for the licensing authority to grant the applications. JD Wetherspoon appealed.

Smith said: “The condition which was put on the licence after the appeal, was the condition originally requested by JD Wetherspoon on the variation, and allows the automatic resumption of the use of those hours should the Levy no longer be charged, without the need for a variation application to add the hours back onto the licence.”

Smith said JD Wetherspoon’s would have to give 56 days' notice of its intention to resume the use of hours should it wish to do so.

The pub company was also represented by Stephen Walsh QC of Three Raymond Buildings on the appeal.

Newcastle was the first authority to introduce a Late Night Levy in November 2013.