Brighton and Hove defeats pub’s challenge to ID scanner condition

Brighton and Hove City Council has successfully defended its decision to require a city centre pub to use an ID scanner.

Molly Malone’s is a pub on West Street, in the heart of Brighton’s cumulative impact zone, and in the most challenging area of the city’s night-time economy.

In 2021, an exceptionally serious incident occurred at the premises, in which a 16-year old gained entry and was subsequently involved in a stabbing and a sexual assault. The premises licence was revoked in response.

An appeal against the revocation was later settled with new conditions being added to the licence, one of which was a requirement to use ID scanners to scan and record the identity of anyone appearing to be under the age of 30.

In 2023, the premises’ owner – Indigo Leisure Ltd – applied to vary the premises licence to remove the ID scanner and other conditions. The Council’s decision was to maintain the ID scanner condition, noting that it was a vital safeguard for preventing crime and disorder and protecting children from harm. That decision was appealed.

Following a hearing in December 2024, the Brighton Magistrates’ Court has dismissed the premises’ appeal against the ID scanner condition.

Among its key findings and conclusions, the court:

• found that the ID scanner promoted the crime prevention licensing objective by capturing customer data, which could be used by the police to assist their investigations
• held that an ID scanner assists a well-managed team of door supervisors by providing an extra layer of deterrence to people whose behaviour might undermine the licensing objectives
• rejected the premises’ argument that the ID scanner condition was obsolete following a government announcement that it plans to legislate for official digital identity documents

In light of the court’s decision, Indigo Leisure has agreed to pay the Council’s costs of the appeal.

Matt Lewin, a member of Cornerstone Barristers’ Licensing Team, represented Brighton and Hove City Council, instructed by Rebecca Sidell.