Nightclub loses High Court bid to overturn summary review proceedings

A High Court judge has rejected a nightclub’s attempt to overturn summary review proceedings on the basis that the certificate initiating the proceedings was not signed by a superintendent or above.

FL Trading, owner of Essence nightclub in Kingston, had made a renewed application for permission to bring the challenge.

It argued that the certificate was invalid because it had only been signed by an acting superintendent, not by a superintendent or above as required by statute.

James Rankin of Francis Taylor Building, argued on behalf of the Commissioner of the Metropolitan Police that because the superintendent had been away on annual leave and because he had delegated all of his duties to his deputy, this was a case of inevitable delegation as provided for in case law.

Mrs Justice Patterson concluded that FL Trading’s claim was unarguable, and also rejected an allegation of the appearance of bias.

The judge added that the company had an alternative remedy by way of appeal to the magistrates’ court.