A householder campaigning against a late licence granted to her local pub has won the first stage of her High Court fight to have it rescinded.
Elsie Blackwood, of Yardley Wood Road, Moseley, Birmingham, said the licence granted to The Covered Wagon pub - which allows it to serve up to 1.30am on holidays - was ruining the quality of life in her neighbourhood with noise pollution and "neighbour nuisance" from drinkers.
Mrs Blackwood was one of a group of residents who opposed the application by the pub's owners, Mitchells & Butlers Leisure Ltd, for the extension of hours, which allows the pub to open until midnight every day and until 1.30am on public holidays. The licence was granted by
Birmingham magistrates last September but the High Court in London has now granted Mrs Blackwood permission to appeal against the magistrates' decision on two separate grounds.
Jeremy Pike, for Mrs Blackwood, told the court his client had experienced trouble with noise from drinkers even before the late licence was granted.
"She resides in close proximity to the premises and has a genuine fear that she will suffer nuisance and other adverse effects on her residential amenity, over and above those which she has experienced in the past, if the pub is open for trading beyond 11pm," he told the judge.
"There is an obvious potential for nuisance and disturbance being caused to neighbours such as Mrs Blackwood," he added.
Mr Justice Sullivan granted permission to appeal on grounds that it is arguable that the magistrates may not properly have considered existing planning issues - relating to floodlights on the pub which must be switched off by 11.30pm - when granting the licence.
The judge also ruled it was arguable the magistrates may have not given adequate reasons in relation to the impact on the "residential amenity" of those living near the pub. The case will now go forward for a full High Court hearing.