Spearmint Rhino Companies (Europe) Limited v London Borough of Camden


An appeal against licensing conditions imposed by Camden on Spearmint Rhino (Tottenham Court Road) has been lost. The challenge would have prevented conditions requiring venues to permit immediate inspection of CCTV footage. The challenge also argued that the condition preventing opening beyond 3pm was unreasonable. Both of these arguments were lost, with the latter deemed inappropriate given the presence of ‘touts’ outside the venue. The presiding judge ruled:

“I am left in no doubt that the club is an attraction which draws touts to the vicinity and keeps them there whilst the club is open. It is pervasive and persistent and intractable. The behaviour of the touts is anti-social and is I find perceived by some as intimidating. The issue is not just the question of crime, disorder and nuisance but the wider character of the area. All the best efforts of the club have properly been put into seeking to eradicate the problem which they themselves describe as a scourge but to no real effect, save for a temporary displacement at a short distance. As I am sure of this and that when the club shuts at 4 a.m. the problem goes away, the only relief which I can give to the affected residents is not to add to the problems and difficulties caused until a solution can be found. For this reason alone I would refuse the club’s application to extend their hours….”

See: http://cornerstonebarristers.com/news/close-encounters-sexual-kind/


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