Licence returned to Selby 'fight pub' as judge criticises Council

JT Mellanby's was forced to close after a disturbance left a 53-year-old patron with life-threatening injuries.

This week however, the Finkle Street boozer has been able to serve its first pint since the plug was pulled after a judge criticised handling of the affair by Selby District Council and North Yorkshire Police.

Police had intervened to shut down the troubled hostelry in the wake of what it described as string of violent incidents, culminating in a 'large-scale disturbance' on April 1st. During the disturbance, a man in his fifties was found unconscious and taken to hospital in Hull where his condition was initially described as critical.

Officers called on Council Licensors to carry out an urgent review of operations at the pub which would then lead to a Civic Centre hearing on April 30th. During the hearing, a number of serious failings were identified whereby officials revoked the venue's premise license, branding the establishment 'unsafe'.

Human Rights

But, in an appeal heard at York Magistrates Court on October 16th, a judge sensationally over-ruled the Council's licensing committee after it emerged it had failed to properly allow licensee Ian Campey the right to challenge its evidence. This lack of a right to cross-examine the case against the pub, the judge said, amounted to a fundamental breach of the licensee's Human Rights.

Making matters worse for the Authorities, North Yorkshire Police were forced to accept that evidence produced to demonstrate the frequency of incidents at the pub was 'misleading', admitting that it had not recorded a single criminal incident at the venue for over one year prior to the April 1st disturbance.

But whilst the pub's license has been reinstated, it must now abide by three additional conditions that were added by the judge.

From now on there must be a minimum of two members of staff on duty after 9pm every night. During times when only one member of staff is in place the pub must provide the staff to an assistance scheme known as 'People Safe'.

Finally, a door supervisor must be employed from 9pm until close of business on Friday and Saturday nights and any Sunday before a Bank Holiday.

Following it's defeat in court, a Council spokeswoman told Selby Online, “This business lodged and won their appeal and as such are free to operate subject to the conditions imposed by the court”

A sum of £23,000 was awarded to Mr. Campey in respect of costs incurred during his appeal. He is understood to be 'exploring options' with respect of further redress from the Council for loss of earnings as a result of his Human Rights being breached.