Chinatown: Landmark court case

Last Thursday the Chinese community in Soho and London Citizens, an alliance of community organisations made a landmark appeal against a decision by Westminster Council to grant a gambling licence in London’s Chinatown.

Many of those living and working in Chinatown opposed the application, arguing that it would detrimentally affect the important cultural environment of Chinatown and would have a negative impact on the Chinese community who access the area.

The Chinese community also opposed the licence because the new betting shop, to be located in Gerrard Street, could replace the premises where the symbolic Chinese Stone Lions have stood for many years.

However, the Council did not take the local community’s objection into consideration and proceeded to grant the betting licence last year, even though the borough already has 63 gambling premises, with more than half are in the Chinatown area, the nearest one to the proposed new shop is less than 100 meters away.

At the hearing on Friday the magistrates decided that because London Citizens did not represent commercial interests it did not have sufficient interest to bring the appeal in the Magistrates Court and the appeal was dismissed.

But London Citizens who say they represent communities rather than commercial interests are now considering bringing the same challenge by way of a judicial review in the High Court because of Westminster Council’s failure to consider the impact on the community, and its requirement to promote equality and tackle discrimination, in respect of the Chinese community, when it granted the licence. 

Merlene Emerson, Chair of Chinese Liberal Democrats/Lib Dem candidate for the London Assembly, said; “While it was disappointing that the Magistrate did not feel able to comment on questions of race relations in the context of the grant of gambling licences, we now have the opportunity to take it to the High Court as a test case. 

“Many people have in the past accused the Chinese community of being the silent community but they are now speaking out and should be supported in their appeal against Westminster Council.   

"With the help of London Citizens, we are working to ensure that Councils will in future have to consider the social impact of gambling licences on local communities and not merely act in the interests of businesses.”   

Prior to the case London Citizens said; “Small community groups around the country have been deterred from appealing against similar licencing decisions in the past, because of high legal costs. However, we are of the view that the issues raised by this case are so important and could affect licencing decisions across the UK)”.

An appeal has been launched for campaign funds to continue the appeal to Judicial Review.

To donate or get involved with the campaign contact Nikki Lee at London Citizens.Email: nikki.lee@londoncitizens.org.uk

Winsome-Grace Cornish