THE CLUB trade has questioned the legality of a pioneering court ruling forcing an Ulverston nightspot to have bouncers on the streets, reports Jennie Dennett.

In what is thought to be a UK first, Furness magistrates told Buffers nightclub its staff must help move-on groups of drunken club-goers from outside homes.

The ruling followed a two-day hearing in which residents from around the Station Approach club complained of rowdy club-goers swearing, urinating, defecating and even having sex in their gardens.

"At present the ordinary people in the area are picking up the negative costs," said magistrate Jacqui Barnfield. "It's unfair for any profit making business to defer its costs to the public. Given the location we find Buffers has a duty of care to all its near neighbours."

Magistrates had been hearing an appeal from Buffers against three conditions to its public entertainment licence made by South Lakeland District Council's licensing committee. Crucially, SLDC demanded a "community warden scheme" with staff "patrolling the streets" between 11pm and 3am.

Mrs Barnfield called the scheme reasonable but unworkable and ordered that club staff should "assist the dispersal of its clientele in a quiet and orderly manner and actively discourage groups from gathering and lingering in the streets outside residents' houses" between 2am and 3am on Saturdays and Sundays.

Staff were also ordered to report anti-social behaviour to police so those responsible could be prosecuted and banned from Buffers.

Buffers solicitor John Siddle complained to the court that putting staff on the streets was unreasonable and the cost would put Buffers out of business.

The club can appeal to the crown court and, after the hearing, manager Martyn Merckel said he was "considering all options".

Meanwhile nightclub trade group the Bar Entertainment and Dance Association (BEDA), questioned the condition's validity. "The public entertainment licence is really about ensuring entertainment is being delivered safely," said chief executive Jon Collins. "To try to stretch it to cover something which is clearly not about that, we are not sure that legally that's very robust."

Pub group The Federation of Licenced Victuallers said it too was "deeply concerned" by the ruling. Chief executive Tony Payne argued that Buffers could not be held responsible for some people's boisterous habits when they were outside the club.

Inspector Richard Vernon, of Ulverston Police, said he did not think it was appropriate for Buffers door staff to patrol streets around Buffers but accepted they had "a degree of responsibility for Station Approach" itself. However, most residents' complaints relate to Princes Street and Springfield Road.

He added that he could not guarantee two extra police officers "to police areas of concern" as magistrates had asked because officer numbers were limited.

SLDC's senior solicitor Sandra Fenwick declared the ruling "a good result". As well as the street staff condition, magistrates backed a residents and club forum and ordered club clients to be inside Buffers by midnight just 15 minutes later than SLDC ordered.

Residents praised the verdict as a "step in the right direction".