News Landlord's death sparks council licensing clash
At the centre of controversy - the Black Swan in Foggathorpe.
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Residents in Foggathorpe are hoping that they will soon be able to raise a glass in their late landlord's memory after a clash with the East Riding of Yorkshire Council (ERYC) over licensing rules.
David Kinsley-Smith, landlord of the Black Swan, died suddenly on July 14.
Local Steven Elphick said: "Dave's passing has left the villagers and his loyal customers in a state of shock.
"This was reflected in the number of people who attended his funeral. He will be greatly missed."
Mr Elphick explained: "Mr Derek Arnold, the owner of the Black Swan, was suddenly faced with the task of appointing a new landlord and was informed that the change of licensee had to be made within 14 days.
"Mr Mark Weatherall was put forward as a temporary landlord within this period. Derek was then told [by the ERYC] that the application should have been submitted within seven days.
"The new application was refused due to the fact that the seven-day period had lapsed; Derek is now in the position that the pub has to close for a period of time."
Mr Elphick has expressed concern that Foggathorpe, and the surrounding hamlets of Harlthorpe, Laytham and Gribthorpe, now have no meeting place and are anxious to raise a raise glass to Mr Kinsley-Smith.
Asked about the matter, a ERYC spokesman said that the council was not at fault.
"The council is very sensitive to this situation," he said. "We were informed about the death of the licence-holder and gave the correct advice relating to the procedure to be followed and timescale involved.
"Unfortunately, the advice given was not followed and therefore this has led to the premises licence lapsing. There is no provision in the Licensing Act 2003 to reinstate this licence without a new premises licence being applied for.
"To date, this application has not been received by the licensing authority.
"Other options have been discussed with the owner of the premises which could be used until the new licence is granted."
Published on 2nd August 2007 in News.
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