Town Hall faces judicial review over controversial nightlife policy

The Town Hall is to have its contentious licensing policy examined by judges after sustained pressure from campaigners has brought it up for review.

The policy, which includes a “core hours” clause stating new venues must close at 11pm on weekdays and midnight on weekends, garnered national attention after its unanimous approval at a Hackney full council meeting last July.

The Town Hall has clashed with campaign group We Love Hackney in the run-up to and following the policy’s imposition.

Councillors have said the policy would not impact existing businesses, and simply places the onus on new ones to demonstrate that they will not add to the “cumulative impact” of the night-time economy on residents.

However, campaigners dismiss this reasoning, pointing out that existing businesses in problem areas are the ones that need challenging, pointing to up-and-coming venues who they argue have been caught in the legal loopholes of the policy.

Matt Sanders of We Love Hackney said: “This is just the beginning. We’ve been fighting the imposition of this policy for three years, so this is now just the start.

“If you’re a big chain, this licensing policy is your bread and butter, because you’re able to point to all your previous operating history, your good track record, and your multiple premises.

“The council’s policy prioritises affluent people, and hurts, for example, LGBT venues with later opening hours.”

Sanders added that the group’s legal case would centre around the equalities impact of the policy.

Approval for a judicial review was first granted in January 2019.

While no date has been set for the review itself, next week there will be a security of costs hearing for the council and a renewal on behalf of We Love Hackney, after an original application to cap any legal costs that might arise from the review was dismissed.

A council spokesperson said: “There have been no hearings relating to this matter yet.  Approval for a judicial review was granted back in January 2019. 

“No date has been set for the judicial review itself.  Next week there will be a security of costs hearing for the Council and a renewal on behalf of the claimants, after their original application for cost capping was dismissed.” 

EDIT: This article was updated to include a response from Hackney Council at 13:32 on Monday 25 March.