JPs criticise council on 'crime' club

Feb 20 2008 by Neil McKay, The Journal

COUNCIL taxpayers will have to foot half of a £6,000 plus legal bill after a controversial nightclub boss lost an application to stay open until 4.30am.

Magistrates yesterday rapped council licensing members for granting the extension to Sudkhev “Sonny” Gill to stay open late in the first place, describing their reasons as “sparse.”

Last October Derwentside District Council’s licensing committee, chaired by Coun Hilary Christer, gave Mr Gill permission to extend his opening hours by two hours at Decades nightspot in Front Street, Consett, County Durham, despite hearing police describe the clientele as “hard-drinking, violent and aggressive”.

The 22-year-old entrepreneur had already sparked a local furore by opening a lap-dancing club, Red Velvet, in the former steel town. Another Derwentside licensing panel also angered residents by granting the Red Velvet licence despite widespread opposition from local churches, the YMCA, and locals, in January last year.

Following a two day hearing at Durham City Magistrates, into an appeal by Durham Police against the extension to Decades, bench chairman David Balls upheld the appeal yesterday, saying: “The crucial factor in making this decision is the effect of the later opening hours at Decades upon the licensing objective, namely the prevention of crime and disorder, public safety and the prevention of public nuisance.”

The hearing was told that between July 1, 2006 and July 31, 2007 there were 36 incidents of public disorder attributed to Decades, and that after the club was forced to close last August after a fire violent incidents decreased dramatically.

Mr Balls added: “We have also considered the point made by police that if these premises were allowed to remain open until 4.30am, the effect would be felt in the greater County Durham area. The court believes that if Decades is allowed to remain open until 4.30am a number of other premises in the area will apply for similar licenses in order to be competitive.”

After the hearing barrister Graham Duff, on behalf of Durham Police, applied for legal costs of £6,627.50 to be split half-way between Mr Gill and the licensing authority, Derwentside District Council.

The council argued that costs should not be awarded against an authority that acted “honestly, reasonably, and on sound grounds.”

Derwentside and Mr Gill were ordered to pay £3,313.75p each towards the costs. Mr Gill declined to comment after the case.

Durham Police licensing officer Sgt Tim Robson said he was “delighted” by the court’s ruling, adding: “If this extension had been granted it could well have set a precedent for other clubs to apply to open late, and the county does not have the police resources nor the transport infrastructure to cope.”

But Derwentside Council leader Alex Watson said it was “diabolical and unfair” that the authority was ordered to pay half the legal costs.