City council rejects application by Wetherspoons to vary licence

Newcastle City Council has refused to allow pub operator JD Wetherspoon to reduce the hours it sells alcohol at three city centre pubs for such time as the authority's late night levy applies.

The application sought to vary the licences by adding the following condition:

"The premises will not authorise the sale of alcohol at any time during the late night supply period of any late night levy which may apply in Newcastle City Council Licensing Authority area where the late night supply period includes any time for which the premises licence would, save for this condition, authorise each supply."

Newcastle’s licensing sub-committee considered this was not a valid variation of licensing hours. It was felt that a return to previous hours without urther scrutiny went against the licensing objectives.

A council spokesman said the levy, introduced last year, is based on a percentage of rateable value for premises open after midnight in the city centre.

It has so far raised some £300,000, which is split on a 70/30 basis between the police and the council for crime reduction and street cleansing respectively.

A report to the committee argued it would be “unlawful and ultra vires for the licensing authority to grant the applications” and that were they granted “it would be inconsistent and unfair to other licence holders”, who had decided to close their premises by midnight.

The police took a similar view in evidence to the committee.

A Wetherspoons spokesman said: “We are disappointed with the decision and we are considering an appeal.”

It is understood that a similar attempt to vary its licences in Nottingham proved successful.