Summary: We will not investigate this complaint about the Council’s refusal to allow Mr X’s business to revert back to the pavement licence hours he operated under pre-Covid. This is because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

The complaint

1. Mr X complains the Council has refused to let his business go back to the pre-Covid pavement licence conditions which allowed him to use outside seating for longer than the 11pm cut off which his current licence stipulates. He says there have been no complaints made about his business and he has not been able to appeal its decision.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’ which we call ‘fault’. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

4. I considered information provided by the complainant, including the Council’s response to the complaint.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complained to the Council that it had not allowed his business to go back to the pre-Covid pavement licence hours he used to operate under.
7. The Council acknowledged that prior to Covid Mr X had been working under different terms and he had been able to use the outside seating for longer. However, it said after Covid the terms of the licence conditions changed and that while generally licensed premises are able to use pavement seating until 9pm, this had been extended to 11pm for his premises.
8. While Mr X may be disappointed with the Council’s current policy and licensing conditions, it is not our role to act as a point of appeal. We cannot question a council’s decision if it has properly followed its policy, followed the right steps and considered the relevant evidence and information. We cannot replace our decision with that made by the Council and there is no evidence to suggest fault affected it.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because we are unlikely to find evidence of fault by the Council sufficient to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman