Summary: We will not investigate this complaint about how the Council dealt with a pavement licence. This is because further investigation would not lead to a different outcome.

The complaint

1. The complaint, who I will call Mrs X complains about how the Council dealt with a pavement licence for a pub close to her home. She says the Council registered the licence under the wrong address on its website, so when she searched for any licences prior to purchasing her property the licence was not shown. Mrs X would like the Council to put a disclaimer on the online record of the licence and refund legal fees that she paid.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. We previously considered a complaint from Mrs X about how the Council dealt with noise and licensing matters at a pub close to her home.
6. In June 2021 the Council granted a pavement licence to the pub. Mrs X moved into her home in February 2022. Before doing so, Mrs X says she searched on the Council’s website to check what licences were issued to the pub but did not see the pavement licence.
7. I will not investigate Mrs X’s complaint. The Council has accepted that the wrong address was recorded for the licence on its website and apologised to Mrs X. This is an appropriate and proportionate response. The pub has since changed owners and a new pavement licence issued so I see no grounds for recommending that the Council amend the online record of the previous licence. I also see no grounds for recommending that the Council reimburse Mrs X for legal fees. Mrs X was able to raise this matter with the Council through the complaints process without the need for instructing solicitors.

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Final decision

8. We will not investigate Mrs X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman