Summary: We will not investigate Mr X’s complaint about the Council’s handling of an alcohol licence application. This is because he had available appeal rights to the Magistrates’ Court to challenge the Council’s decision on the application which places the complaint outside our jurisdiction.

The complaint

1. The complainant, who I refer to as Mr X, complains the Council did not fully consider all aspects of its Licensing Policy when it granted an alcohol licence for a business in his locale.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr X, including the Council’s response to his complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The restriction highlighted at paragraph 2 applies to Mr X’s complaint. As he had an alternative remedy through the courts to challenge the Council’s decision, which we would reasonably have expected him to have used, the complaint falls outside our jurisdiction and will not be investigated.

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Final decision

7. We will not investigate Mr X’s complaint because he had available appeal rights to the Magistrates’ Court to challenge the Council’s decision on the application which places the complaint outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman