Buttermarket lodges appeal
Tuesday 28th August 2007, 7:02PM BST.
The owner of a Shrewsbury nightclub is appealing against conditions imposed on its licence by the borough council following a shooting at the venue.
Buttermarket licence holder Kerry Wycherley said an appeal had been lodged with the council.
The Howard Street club had its licence called into question by West Mercia Police after the shooting on June 23
Mr Wycherley is appealing against 12 extra conditions, including that the club must close at 1am for 56 days until changes, including airport-style security, are made.
The conditions do not apply until after the appeal process is completed.
Mr Wycherley said he still did not believe Daniel Maxwell, 24, of Stirchley, was shot in the arm at the club.
He said: “I have had no proof the man was shot in the Buttermarket. I have had no proof of forensics. How do we know he was actually shot in here?
“I was in the building. There was no riot on the dance floor. So many people have been saying how much the Buttermarket does for the community. We have more than 1,000 people on MySpace saying what a fantastic venue we are.”
Mr Adrian Roberts, who represented Mr Wycherley at the August 14 hearing, said: “We are waiting to hear from Magistrates Court with regard to a hearing date. I suspect it will be in October.
“The actions of the committee means that people attending public functions in the Buttermarket including the Wurlitzer and salsa events and even the children attending the firemen’s Christmas party as far as the local authority is concerned have to be searched as they enter the premises. I consider that to be an unnecessarily cautious approach.”
SABC spokesman Jon King said the appeal would go through the due process.
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If the council applies a restriction on one venue that they fail to impose on others, the council will have to justify this in a court of law.
They will have to prove that there is no chance of a gun being used in any other club or venue that they have failed to impose those conditions on.
They might have to answer a challenge of “restrictive trade practices” and might, as a result, end up in court themselves.
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