Controlling residential objectors

Paddy Whur reports on a recent licensing sub-committee hearing that provided a prime example of the frustration residents often feel when they find it difficult to focus their objections on matters which the authority can rightly take into consideration when determining an application.

Last week I entered the lion’s den … or so it seemed. I was making an application in Southampton for an off licence operator who already had 12 premises within the authority area. All of these premises were promoting the licensing objectives and the new application had received no objections from any of the responsible authorities. After lodging the application with a thorough operating schedule, a further number of conditions and some restriction on the hours of operating had been agreed with the Police as being appropriate to promote the licensing objectives.

However, many residents were up in arms that the former public house was now going to become a convenience store with an off licence.

Planning permission was in place for the unit to trade the way that it would and notwithstanding all of this, 80 objectors had written in to the licensing authority in relation to the grant of the licence.

It was rather disconcerting the morning of the hearing to turn up and see that most of them had attended for the hearing. Even though the council officer was asking for people only to speak if they had something new to expand on in their written representations, she was also asking that objectors didn’t speak if they were just going to repeat what another person was saying; notwithstanding that warning, about 20 people out of the 80 wanted to speak during the hearing.

It soon became a volatile atmosphere and whilst I was attempting to make our application I was booed and heckled by the objectors. This is a relatively rare occurrence and on this occasion the comments became even more vitriolic and suggestions that my client and myself had been given an advantageous position in the hearing.

I had set out in my opening to the application the issues disclosed in the representations which were relevant and those which were not and had reminded the authority that:

1. They should only take into consideration relevant matters that were appropriate to promote the licensing objectives; and
2. As in line with the decision of Daniel Thwaites plc v Wirral Borough Magistrates’ Court [6 May 2008] EWHC 838 (Admin) that the authority needed to have real evidence that what the objectors were suggesting would likely happen should the licence be granted.

Many of the objections raised in the letters were planning grounds which were not relevant. Many related to issues of when the pub premises was open and the negative impact that those premises had had and therefore were not relevant. Finally, many of the objections were concerned with the existing off licences in the area and again were not relevant. Another issue which the objectors sought to rely on, was the fear that if this licence were granted with the hours sought it would lead to a precedent which would be followed by other operators.

The legal advisor certainly had his hands full in dealing with the objectors and did an exceptionally good job in trying to focus them on the relevant considerations that his panel could take account of, rather than those issues which were not relevant to the licensing objectives.

This did not stop the objectors from heckling both myself and the legal advisor during the hearing.

The authority, quite rightly in my view, allowed the application in the terms sought, which was met with a chorus of disapproval from the objectors who had returned after the lunch adjournment to await the decision.

I think that their behaviour during the hearing did not aid their case, but it is a prime example of the frustration that residents often feel when they find it difficult to focus their objections on matters which the authority can rightly take into consideration when determining an application. I was particularly impressed with how the legal advisor managed to deal with their increasing frustration and volume in a courteous and professional way. I am hoping that my client doesn’t have any further applications in the area in the immediate future!

Paddy Whur is a partner at Woods Whur. He can be contacted on 0113 234 3055 or byThis email address is being protected from spambots. You need JavaScript enabled to view it..