London borough facing legal challenge over revised statement of licensing policy

​Hackney Council is facing a judicial review challenge over restrictions contained in its revised statement of licensing policy (SLP), which it adopted in July this year.

The legal action is being brought by We Love Hackney, a not-for-profit company set up by local residents who campaign for policies that support “a diverse, innovative and thriving night-time economy for all local people” in the area.

Hackney’s revised SLP extended and maintained the Special Policy Area (SPA) in Shoreditch and Dalston and adopted a new “core hours” policy.
 
This “core hours” policy requires venues to close at 11pm during the week and midnight at weekends, with no outside drinking allowed after 10pm. An express presumption has also been put in place against granting new late night licences for venues in the SPA.
 
We Love Hackney is looking to raise £20,000 via Crowd Justice towards the claim. Its legal team comprises law firm Leigh Day, Philip Kolvin QC of Cornerstone Barristers and Christopher Knight of 11KBW.

It argues that the decision was unlawful because Hackney failed to have due regard to the public sector equality duty, contrary to the Equality Act.

The group says the council failed to consider the impact of the new rules on young people, who were more likely to use and work in the night time economy, and on the late night, independent venues which serve the LGBTQ+ community in the area. 
 
It also claims that forcing new businesses to restrict their operating hours will “stunt creativity and innovation in the night-time economy in the area”, and that deterring new businesses from opening in Hackney will see the night-time economy stagnate.
 
Anna Dews, solicitor at law firm Leigh Day, said: “The public sector equality duty requires the council to consider the equality impact of policies it is proposing to adopt. In the case of the SLP the council failed: it had no proper regard to the impact of the decision on young people and the LGBTQ+ community in Hackney, communities which our clients say are the very reason Hackney is such a great place to live, work and visit.”

A spokesperson for Hackney said it was unable to comment at this stage as it was an ongoing legal matter.