The application for an extension of permitted hours for licensed premises in Brighton and Hove was heard on March 22, 2001. The Justices were made aware of the views of the local MPs.

In order for an extension to be granted, section 74 of the Licensing Act requires the occasion in question to be special either nationally or within the locality of the premises in question. This application concerned a blanket grant to all licensed premises within Brighton and Hove for Fridays and Saturdays throughout summertime.

In its application, the Licensed Victuallers Association referred the Justices to a number of cases where the High Court had been asked to consider whether an occasion in question was special.

The Justices in their reasons have referred to the decision in Regina v Dewsland and Haverford West Licensing Justices (1961). In that case, the High Court said it was impossible to say that because people attended a seaside resort on Thursdays and Saturdays in the summer months, that in law amounted to a special occasion. The decisions of the High Court bind magistrates' courts in their interpretation of the law.

Hastings is the only court in Sussex to grant this application and its decision was not one the Justices in Brighton and Hove were bound by or, indeed, considered they could lawfully follow.

I am aware this puts local licensees at a disadvantage but, until Parliament legislates for longer drinking hours, Justices can only act within the law as it stands. That law demands permitted hours are only extended where the occasion in question is deemed to be special.

-Ann Burton, chairman of the Brighton and Hove bench, Brighton and Hove Magistrates' Court