The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to refuse a premises licence. This is because it is reasonable to expect the complainant to use their right of appeal to the magistrates court.
The complaint
The complainant, who I will call Mr X, complains about the Council’s decision to refuse his application for a premises licence for his business.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I will not investigate Mr X’s complaint. This is because the Council’s decision carries with it a right of appeal to the magistrates court. It is reasonable to expect him to use that right of appeal.
Final decision
We will not investigate Mr X’s complaint because it reasonable to expect him to use his right of appeal to the courts.
Investigator's decision on behalf of the Ombudsman