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Bar fight objectors pursued for costs.


Byline: By Peter Young

Councillors opposing plans for late opening bars and restaurants are being pursued for legal bills.

Two Labour representatives are involved in a battle over court costs court costs n. fees for expenses that the courts pass on to attorneys, who then pass them on to their clients or, in some kinds of cases, to the losing party.  after failing in their bid to stop a Newcastle restaurant-bar staying open late.

Two other councillors, one Labour and one Lib Dem LIB DEM Liberal Democrat(s) (UK political party) , have also been warned they could incur To become subject to and liable for; to have liabilities imposed by act or operation of law.

Expenses are incurred, for example, when the legal obligation to pay them arises. An individual incurs a liability when a money judgment is rendered against him or her by a court.
 costs if their objections to licensing applications involving other premises are unsuccessful.

Freemans Solicitors, for @Home in Mosley Street, are seeking costs incurred by their clients from Labour councillors Nick Forbes and Joanne Kingsland after the business was granted a licence extension.

Both councillors, who represent the city centre, had objected to the plan for later opening but the city council and the magistrates granted it a 2am licence.

Mark Gillon, co-owner of the pounds 1m upmarket up·mar·ket  
adj.
Appealing to or designed for high-income consumers; upscale: "He turned up in well-cut clothes . . . and upmarket felt hats" New Yorker.
 establishment, said: "Their objection was ill-founded. They were not objecting on behalf of anyone and did not have the backing of the council."

Mr Gillon said his costs have run into several thousands of pounds.

Neither councillor was prepared to comment because of the pending legal action but they have already run up a bill of several hundred pounds for their own legal costs.

In another case, Labour's Geraldine Ormonde has been warned she could face a bill if she pursues an objection over an amendment to a licence for Echo Bar near her home in Wharton Terrace, Heaton.

She fears the changes could allow members to sign-in additional guests but she's now received a letter from Mincoffs Solicitors warning her she could be liable for costs.

Magistrates could make an order for costs against Coun Ormonde if the licence application is granted.

Coun Ormonde said: "I am not withdrawing my objection. I regard it as an attempt to gag me."

And Lib Dem Coun Tom Woodwark who objected to an application by the Archer pub in Sandyford to stay open until 1am has also received a letter from Mincoffs. Coun Woodwark, who says he's worried about possible disturbance DISTURBANCE, torts. A wrong done to an incorporeal hereditament, by hindering or disquieting the owner in the enjoyment of it. Finch. L. 187; 3 Bl. Com. 235; 1 Swift's Dig. 522; Com. Dig. Action upon the case for a disturbance, Pleader, 3 I 6; 1 Serg. & Rawle, 298.  to people living nearby, said: "This is a threat, there are no two ways about it."

Sarah Smith

For other people named Sarah Smith, see Sarah Smith (disambiguation).
Sarah Smith is a Scottish national television newsreader in the United Kingdom.
, a partner at Mincoffs, said: "This is not a threat, it is a standard letter. We just want to make sure people are aware of the risks they face.

"We have no problem if they wish to continue with their objections but we have a legal right to ask for costs if an objection is unsuccessful."

The council's Lib Dem regulation chief Coun Anita Lower said it's a worrying trend.

She explained residents can object to licence applications without fear of having to pay costs but councillors can only object on behalf of residents or if they are personally affected.

If they pursue objections off their own bat they could end up with a bill for costs if the case goes to appeal. "It's worrying but councillors need to be aware of the rules," she said.
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Publication:Evening Chronicle (Newcastle, England)
Date:Jun 21, 2005
Words:489
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