Summary: We will not investigate this complaint about the Council’s actions following her reports of concerns about the operation of a licensed premises. The complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The complainant can ask the Council for a review of the premises license. If she is dissatisfied with the outcome of the review process she can appeal to the magistrates’ court against the Council’s decision.

The complaint

1. Ms X complains about:
• the action taken by the employee of a licensed venue
• the venue’s vetting process for staff; and
• the venue’s management culture.

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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 it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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 Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Ms X’s complaint because if she has concerns about the operation of a licensed premises it is reasonable to expect her to seek a review of the license.
7. If she remains dissatisfied with the outcome of the review she can appeal to the magistrates’ court against the Council’s decision.

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Investigator's decision on behalf of the Ombudsman