A PUB landlord is taking his fight to serve until 2am to the High Court.

Peter Rawcliffe of the Borough Arms, in Blackburn town centre, wants permission to extend his opening hours an Thursday, Friday and Saturday.

Magistrates in Blackburn turned down his application and he appealed to Preston Crown Court in an attempt to have the decision overturned.

But the crown court has now decided it doesn't have the powers to decide on the matter and the case is now going to the High Court in London.

The pub already has an entertainments licence which enables him to stay open until 2am, but to stop serving alcohol at 1am.

"As far as I am aware, if magistrates want to vary my hours on the licence they can, but if I apply to have them altered they can't," said Mr Rawcliffe after the eight-and-a-half hour hearing at Preston.

"I believe this is the first case of its kind."

Mr Rawcliffe had wanted to put back closing time from midnight on a Thursday and 1am on a Friday and Saturday to 2am on all three nights.

A decision on March 2 by Blackburn, Darwen and Ribble Valley Licensing Justices had refused his application and allowed him an extension from midnight to 1am on a Thursday.

Mr Rawcliffe told the hearing at Preston Crown Court he had been at the pub since 1988.

There had been no problems with the police and he had a good working relationship with them and was chairman of the town centre pub watch scheme.

He said Thursday, Friday and Saturday nights were very popular with his customers, so much so that there were queues to get in.

He said he catered for the 25 to 40 age group, unlike two nightclubs in close proximity to his pub.

Recorder Mr P Atherton, sitting with four justices, declined jurisdiction on the issue because there was no right of appeal to the crown court from a refusal to vary the closing time on a special hours licence.

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