Summary: We will not investigate this complaint about a licencing decision as the complainant had the right to appeal it to the Magistrates’ Court.

The complaint

1. Mr X complains the Council refused his premises licence application when it took account of inaccurate information about him. Mr X says the decision has impacted on his business’ profitability.

Back to top

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)

Back to top

How I considered this complaint

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Where a licensing authority rejects an application, an applicant may appeal against that decision to the Magistrates' Court.
7. We are not another level appeal and cannot reverse the Council’s decision.
8. It is reasonable to expect the complainant to have appealed to the Court, and as such we will not investigate.

Back to top

Final decision

9. We will not investigate Mr X’s complaint because he could have appealed the Council’s decision to the Magistrates Court.

Back to top

Investigator's decision on behalf of the Ombudsman