Nikita McNeill

Licensing

Nikita is highly experienced in advising and representing clients on all licensing matters under the Licensing Act 2003. She is particularly experienced in the areas of alcohol licensing. Nikita has advised and represented clients on the transfer of existing licences, licensing reviews and licensing appeals. In addition to her work representing individuals and companies facing Road Traffic and Tacograph Offences, Nikita is very knowledgeable about the Licensing and Regulation of Heavy Goods Vehicles by the Traffic Commissioners. She is able to advise upon both Operator Licences and Operating Centres, and to provide representation before the Traffic Commissioners.

Notable Cases:

Re. Chipstead Golf Club

Nikita represented the licensee who, having had a club premises certificate, wished to apply for a premises licence in order to make greater use of the Club’s leisure facilities for weddings and events. There was a large and concerted campaign of opposition by local residents to both the change in licence and the proposed licensing hours. Nikita persuaded the panel that the residents’ concerns about noise and nuisance were not supported and to grant the licence applied for.

Metropolitan Police Service v Bar Taps 

Nikita represented the licensee who was subject to a summary licence review under the Section 53A procedure of the Licensing Act 2003 where the Metropolitan Police submitted that they were a premises associated with serious crime and disorder. Nikita made written representations against the very restrictive interim steps imposed, which were subsequently varied. During the substantive hearing Nikita cross-examined both the Metropolitan Police Officer and the Licensing Officer. Having made extensive written and oral submissions, Nikita persuaded the panel that the Metropolitan Police were wrong and this was not in fact a bar associated with serious crime or disorder. The panel agreed that the extremely serious conditions requested were not necessary and would serve only to shut down the premises.

Southwark Council v Jacks Bar

Nikita represented the licensee at a combined hearing to consider long-standing complaints by residents against a number of bars in the Southwark Area. Nikita negotiated with the licensing officer in advance of the hearing to agree a number of sensible conditions which the licensee could comply with and which would address many of the residents’ complaints. On the outstanding issues, Nikita addressed the panel at length and dissuaded them from limiting the operating hours or capacity of the venue.

Re. The Straight & Narrow

Nikita acted for a residents association in appealing to the Magistrates’ Court against the grant of a licence for a wine bar in a residential area.

Re. RS (Before the Traffic Commissioners)

Nikita acted for a large distribution company in a two-day public inquiry into its operating centre. A substantial local residents campaign had formed and objected to the continuing use of the centre following serious and repeated complaints about the safety and environmental effects of the site. Nikita questioned expert witnesses on noise, site safety and road safety. Ultimately, the Traffic Commissioner renewed the licence for use of the site without imposing any further restrictions on the operator.