New court date for Bar 44 appeal over licensing hours refusal

As the Star has previously reported last year, Bar 44, in Westfield Street, launched an appeal to the magistrates' court after the decision by St Helens Council to refuse the amendments to the licence.

What did Bar 44 apply for?

The town centre venue had sought to extend the hours for sale of alcohol, currently from 10pm to 3am, every day, by two hours to 5am.

Bar 44 also asked for an extension until 5am for live music, recorded music, performance of dance, entertainment of a similar description, indoor sporting events, exhibition of film and late night refreshment. 

The application attracted an objection from Merseyside Police who said the variation "will add to the cumulative impact in the area" in relation to crime and anti-social behaviour.

In a report, which went before the council's Sub-Licensing Committee in April 2023, it was said: "Merseyside Police are submitting a representation against the application to vary the premises licence of Bar 44, 44-46 Westfield Street, St Helens, WA10 1QF, to extend the sale of alcohol hours and other licensable activities until 0500 hours daily.

"We believe that by granting this application it will undermine the Licensing Objectives, specifically the Prevention of Crime and Disorder."

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Inspector Jon Smith said in a report to the committee that Westfield Street had "the highest levels of violence recorded for all the town centre ward".

In the report, dated April 6, 2023, it was stated Westfield Street saw 113 violent crimes recorded in the previous 12 months, compared with Duke Street which was second with 61 and Ormskirk Street 58.

The Licensing Authority also recommended to the committee that the amendments "would likely undermine the licensing objectives of the prevention of crime and disorder".

The application was rejected by St Helens Council's Sub Licensing Committee following a hearing on April 21 last year.

Appeal launched against decision

However, Barr 44 has subsequently launched an appeal against the decision to refuse the variation to the license.

An appeal was launched to the magistrates' court (Image: Stock)

A court sheet said that Bar 44 owners MJT Group Ltd are appealing against the decision to reject an application to vary a premises licence under section 35 of the Licensing Act 2003 "on the ground that without prejudice to any arguments which may be made at a de novo hearing the complainant contends that the decision of the respondent was contrary to the weight of the evidence, disproportionate, unreasonable, and in all the circumstances the decision was wrong".

The matter is due to be heard by Liverpool, Knowsley and St Helens Magistrates' Court and has been subject to adjournments over recent months.

Following a scheduled hearing on Thursday, January 18, the case was adjourned until June 10.

Bar 44 won planning permission in 2022 for an extension of its premises.