Worthing Borough Council (23 005 111)
Category : Environment and regulation > Licensing
Decision : Closed after initial enquiries
Decision date : 21 Aug 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of matters relating to conditions set for a premises licence at a business close to Ms X’s home. This is because the complaint falls outside our jurisdiction as Ms X exercised her right of appeal to the Magistrates’ Court against the licensing decision.
The complaint
- The complainant, who I refer to as Ms X, complains the Council has not adequately responded to the concerns she raised in connection with conditions attached to a premises licence for a business close to her home. She says conditions volunteered by the licence applicant during the hearing held to consider the application were not included in the premises licence issued by the Council.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
How I considered this complaint
- I considered information provided by the complainant and the Council, including its response to the complaint.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The restriction highlighted at paragraph 3 applies to Ms X’s complaint because she used her right of appeal to the courts to challenge the licence conditions. The complaint therefore falls outside our jurisdiction and cannot be investigated. We have no discretion here.
Final decision
- We will not investigate Ms X’s complaint because it falls outside our jurisdiction as Ms X exercised her right of appeal to the Magistrates’ Court against the licensing decision.
Investigator's decision on behalf of the Ombudsman