Builder loses costly Pubwatch fight
Monday, 12th October 2009.
Police in Haverhill have welcomed the result of a test case which has left a local builder with legal bills of nearly £25,000 after he failed in his attempt to get a judicial review of his ban from town pubs.
Francis Boyle, of Elm Close, Haverhill, was not at the High Court on Friday, to hear Judge Mackie QC's judgement against him.
He had taken legal action against a two-year extension to a ban placed on him by the local Pubwatch scheme, which prevented him drinking in licensed premises taking part in the scheme.
He claimed this was illegal and unfair and had asked for it to be the subject of a judicial review.
Haverhill's police chief, Insp Andrew Mason, said today the case had been vitally important for the way the town was policed on Friday and Saturday nights, but was also a national test case.
JD Wetherspoon, the pub chain which owns The Drabbet Smock, supported Suffolk Police in opposing Mr Boyle's action.
Insp Mason said the police costs had been around £10,000 but Wetherspoons' had been much more because they had briefed eminent QC Steve Walsh.
Mr Boyle has been ordered to pay the first £10,000 within 28 days, which will be divided equally between the police and Wetherspoons.
"I am exceptionally pleased with the outcome, which is a judgement for common sense," said Insp Mason.
"The judge made it very clear his expectation was that the police would continue to support watch schemes. The use of Pubwatch is an important part of the way we polioce the town on Friday and Saturday nights.
"This case was a test case and will now be quoted as a precedent. The judge set out clearly his expectations of watch schemes across the country.
"He realised this was an important decision, which was why he deferred his judgement to think carefully about it."
Mr Boyle remains subject to the ban until it expires early next year.
However, Insp Mason admitted the police had been unable to prevent Mr Boyle drinking in one pub in the town, the Black Horse, because the scheme was voluntary for landlords and there was no sanction that could be taken against one who breached the ban.
"He has been drinking there all the time this has been going on and there is nothing we can do about it," he said.
"If all the licensed premises sign up to a watch scheme there is nowhere for banned people to go."
Pubwatch schemes all over the country had been putting bans on hold pending the outcome of the case.
The judge allowed Mr Boyle 14 days to appeal the costs award.
Francis Boyle, of Elm Close, Haverhill, was not at the High Court on Friday, to hear Judge Mackie QC's judgement against him.
He had taken legal action against a two-year extension to a ban placed on him by the local Pubwatch scheme, which prevented him drinking in licensed premises taking part in the scheme.
He claimed this was illegal and unfair and had asked for it to be the subject of a judicial review.
Haverhill's police chief, Insp Andrew Mason, said today the case had been vitally important for the way the town was policed on Friday and Saturday nights, but was also a national test case.
JD Wetherspoon, the pub chain which owns The Drabbet Smock, supported Suffolk Police in opposing Mr Boyle's action.
Insp Mason said the police costs had been around £10,000 but Wetherspoons' had been much more because they had briefed eminent QC Steve Walsh.
Mr Boyle has been ordered to pay the first £10,000 within 28 days, which will be divided equally between the police and Wetherspoons.
"I am exceptionally pleased with the outcome, which is a judgement for common sense," said Insp Mason.
"The judge made it very clear his expectation was that the police would continue to support watch schemes. The use of Pubwatch is an important part of the way we polioce the town on Friday and Saturday nights.
"This case was a test case and will now be quoted as a precedent. The judge set out clearly his expectations of watch schemes across the country.
"He realised this was an important decision, which was why he deferred his judgement to think carefully about it."
Mr Boyle remains subject to the ban until it expires early next year.
However, Insp Mason admitted the police had been unable to prevent Mr Boyle drinking in one pub in the town, the Black Horse, because the scheme was voluntary for landlords and there was no sanction that could be taken against one who breached the ban.
"He has been drinking there all the time this has been going on and there is nothing we can do about it," he said.
"If all the licensed premises sign up to a watch scheme there is nowhere for banned people to go."
Pubwatch schemes all over the country had been putting bans on hold pending the outcome of the case.
The judge allowed Mr Boyle 14 days to appeal the costs award.
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