The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about licensing variations as any potential fault by the Council has not caused him enough personal injustice to warrant this.
The complaint
Mr X complains the Council have failed to appropriately administer aspects of licensing variations for two local premises.
Mr X further complains residents were not appropriately consulted about the changes applied for.
The Ombudsman’s role and powers
The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide any fault has not caused injustice to the person who complained.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X has provided us with complaint correspondence sent by another person on behalf of a local residents’ group about licensing variations submitted for a local pub.
Based on evidence provided by Mr X, the licensing variations complained about do not cause him significant personal injustice based on the proximity of his home to the pub in question.
Mr X also provided complaint correspondence he sent to the Council about licensing variations for a local restaurant.
Based on evidence provided by Mr X, the licensing variations complained about do not cause him significant personal injustice based on the proximity of his home to the restaurant in question.
Final decision
We will not investigate Mr X’s complaint because there is not enough injustice from any fault to warrant this. If Mr X wishes to act as a representative for another person, we may be able to register a complaint in their name. If another person wishes to register a complaint about the licensing variations and submit it in their own name, we may be able to investigate that complaint.
Investigator's decision on behalf of the Ombudsman