Council wins Apollo licensing judgement

by Hammersmith and Fulham Press Office
30/06/2008

Hammersmith and Fulham Council's decision not to grant extended licensing hours to one of Hammersmith's biggest entertainment venues has been backed by a top judge.

Bosses at the Apollo appealed to Judge Susan Williams to overturn the council’s ruling and allow the former cinema to sell alcohol until 2am on 20 occasions each year, all of which would be on a Friday or Saturday.

But Judge Williams ruled in favour of the council, saying that crowds leaving the Apollo would cause problems over public safety, particularly as public transport would be scarce at that time of the morning. She also awarded the council full costs.

She said: “Despite the best efforts of the appellant, it is not possible to control a very large crowd dispersing at a time when public transport is not readily available.

“The pressures on policing at a peak time when offences are committed in the borough would inevitably lead to an increase in crime and disorder, in my judgement.”

Residents living near one of area’s biggest entertainment venues, which can hold more than 5,000 people, had complained about noise and disturbance. Tony Boys of the King Henry’s Reach Residents’ Association spoke on their behalf and told how crowds ran noisily along the street, left beer cans in hedges and urinated in residents’ front gardens. 

The judge heard evidence that crowds congregated outside the Apollo and hung around long after concerts had ended.

Chief Inspector Keith Overstall told the appeal hearing how public transport ‘tends to fade’ after 12.15am and that by 2am – the time the Apollo wanted to open until – transport links becomes ‘quite tenuous’. This, he said, led to disorderly and anti-social behaviour including fights in queues for buses and taxis nearby, and this coupled with extended licensing hours would create a ‘volatile mix’.

But the Apollo argued that the events would attract audiences that were responsible and would plan their evenings well in advance of the date, choosing to drive to and from the venue. 

In her summing up, Judge Williams said: “I have to apply a proportionate approach and strike a balance between the interests of local residents and their right to a family life and quiet enjoyment of their homes, and the ‘light touch’ envisaged in dealing with this proposed variation of an existing licence at a well known and well established venue for live entertainment.

“Applying that approach, and considering the licensing objectives, that balance has to be struck by refusing this appeal to vary the licence.”

Councillor Greg Smith, Cabinet Member for Crime and Anti-Social Behaviour, said: “Judge Williams echoes the sentiments of this council – residents come first and should not be subjected to rowdy and unruly behaviour from drunken louts.

“We will continue to crack down on this type of anti-social behaviour and ensure the small number of troublemakers do not spoil a good night out for everyone else.”