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Torbay off licence lose appeal and ordered to pay costs

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Torbay off licence lose appeal and ordered to pay costs 25th November 2018

The owner of an off licence in Torbay has been ordered to pay Torbay Council’s full costs following an appeal against the revocation of their Premises Licence.

Off Licence TQ Ltd had their Premises Licence revoked by Torbay Council’s Licensing Sub-Committee following an application by the Police to Review the Premises licence due to a number of failings and criminal offences occurring at the premises.

The case was heard at Plymouth Magistrates Court on the 8th October 2018 where the owner was ordered to pay over £9,200 in costs.

Councillor Vic Ellery, Executive Lead for Environment, said: “The owner of this business appealed the decision of the Licensing Sub-Committee which allowed him to continue trading in the belief that if the company was to lose the appeal, any costs would be ordered against that company which held the Premises Licence and not him. However, where it is appropriate to do so, a Local Authority can apply for costs against an individual and not the company which it did so successfully in this case. Not only was the original decision to revoke the Premises Licence an appropriate one based upon the evidence submitted, but the owner is now left without a Premises Licence and an expensive Cost Order.

“We are here to help businesses and are ready and willing to provide advice and support to ensure businesses are run within the law. If individuals believe they can run poor licensed premises, then they risk the same happening to them.”

The success of this case has come from the great multi-agency work between the Police and Torbay Council employees.

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