KBG Chambers KBG Chambers KBG Chambers KBG Chambers

News

Charlotte Davies successfully defends an appeal

28th July 2016

Charlotte Davies, acting on behalf of Cornwall Council, successfully defended an Appeal brought by Bodrum Takeaway in Newquay. The premises which serves hot food until 2.45am wanted to extend its licence until 5am. Bodrum Takeaway is located within Newquay's Cumulative Impact Zone which creates a rebuttable presumption that such applications will be refused. The Council argued that allowing the application would add to crime and disorder within the CIZ. Following witness evidence from six Respondent witnesses and three Appellant witnesses, Plymouth Magistrates Court found that the Council had properly applied its policy in refusing the application and dismissed the Appeal. Charlotte was also successful in recovering the Council's costs.

 

The decision sets an important precedent to other premises within Newquay's CIZ wanting to make similar applications to extend their licences.

« Back to news