Licensees Breathe Sigh of Relief As Pubwatch Challenge Fails

Licensees will be happy to note that the Pubwatch scheme, which allows publicans to ban troublemakers from participating pubs, survived a legal challenge recently.

Builder Francis Boyle had challenged a ban on him by members of the Haverhill Pubwatch scheme. He claimed the ban was a violation of his human right to a fair hearing because he had no representation at the meeting at which the ban was ordered. He requested that the decision be subject to judicial review.

His argument was based on the fact that since Pubwatch members receive intelligence and advice from the Police and local authorities, Pubwatch should be classified as a public body. The decisions of such bodies are subject to judicial review.

Judge Mackie concluded that Pubwatch schemes are not public bodies if all they do is receive advice and support given by the Police and local authorities. As Pubwatch is a private organisation, the decisions it reaches are not subject to judicial review.