A pub landlord who was told his premises licence would be taken away last month is set to reopen post-lockdown – while he launches a bid to have the decision overturned.
South Lakeland District Council’s licensing sub-committee decided to strip the premises licence of Peter Nicholson, landlord of The New Inn on Highgate in Kendal, after a review in February.
But Mr Nicholson has announced that the pub is set to reopen as COVID-19 lockdown restrictions ease next month while he waits to hear whether an appeal against the decision has been successful.
He said: “On April 16 The New Inn will be opening again.
“We will be the first to open due to the fantastic, stable courtyard being built last March and we’re having a pavement licence for it out front.
“This is only going ahead because we’ve been granted permission to appeal the revocation from last February.
“I want to thank my legal team from John Gaunt Partners who are doing a tremendous job. Cheers from one happy licensee.”
Michelle Hazlewood, Mr Nicholson’s solicitor, said: “Our client is appealing against the council’s decision.
“As he is appealing, he will be allowed to reopen until the appeal is heard. It’s a matter of law.
“The appeal mechanism allows him to trade, meaning SLDC’s sub-committee decision is suspended while the appeal is being held.
“He can trade despite his licence being revoked during an appeals period.
“The hearing will go before a magistrates court on April 20 to set down the steps to take towards a trial.
“This will then possibly be in June or July, so he could trade up to that date as well.”
The council’s decision was made after an application from Cumbria Constabulary was submitted for the licence to be looked at.
Cumbria Constabulary said: “This was in relation to licensing objectives based on prevention of crime and disorder and public safety”.
But Mr Nicholson vowed at the time to challenge the decision in a bid to save his pub, after he said it would leave his staff ‘homeless and jobless’.
He said: “I am going to fight this and apply to a magistrates court, to get a proper independent judgement.”
After the licence was revoked, the council said: “Mr Nicholson failed to promote and enforce social distancing and other coronavirus regulations, held a private party in breach of coronavirus regulations, and failed to work with the responsible authorities to comply with the terms of the licence, including the use of CCTV.
“He also caused statutory noise nuisance from his premises and failed to promote the licensing objectives.”
