Summary: We will not investigate this complaint about the Council’s decision to refuse an alcohol license. This is because Ms Y has a right of appeal to Magistrate’s Court if she is unhappy with the Council’s decision.

The complaint

1. Ms X complains her client, Ms Y, was refused an alcohol license by the Council. She says members of the committee which considered the application had rejected a previous application for her client for the same premises and so should not have considered the second application.
2. Ms X says her client has suffered financial loss and lost business as a result of not receiving a fair hearing.

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The Ombudsman’s role and powers

3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. This complaint is about the Council’s decision to refuse Ms X’s client an alcohol license. Applicants can appeal a council’s decision to refuse an alcohol license in the Magistrate’s Court. I see no reason why Ms Y could not appeal to the Magistrate’s Court if she is unhappy with the Council’s decision. This would include the conduct of any member of the Council’s committee involved in taking the decision. Therefore, we can not investigate this complaint.

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Final decision

7. We will not investigate Ms X’s complaint on behalf of Mr Y because Ms Y has a right of appeal to court and it would be reasonable to expect her to use this if she is unhappy with the Council’s decision.

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Investigator's decision on behalf of the Ombudsman