During licence review proceedings against the famous LGBT club Heaven, a large number of AI-generated representations and a petition were submitted by encrypted email claiming that the club was a blight on the area.
If the false representations had been accepted, the club faced a severe curtailment of its licence and possible closure.
However, after hearing evidence, both as to whether the persons purportedly making the representations actually existed, and whether the content of the representations was true, Westminster City Council’s Licensing Sub-Committee discounted the representations.
On 16th April 2026 a local businessman pleaded guilty to making a false statement by generating two of the emails. It is the first known case of a conviction for making a false statement under the Licensing Act 2003. However, it is not an isolated case. The Metropolitan Police itself has other complaints of a similar nature.
Philip Kolvin KC, who acted for Heaven, has stated:
Learning the lessons from this case, licensing authorities should never accept service of a representation by encrypted email. As for AI, while the tool might be used wholly innocently to compose a representation, e.g. by somebody who struggles with the language or the perceived formality of licensing proceedings, it could also, as here, be used to compile a fraudulent case. The use of AI should therefore be considered by licensing officers as a risk factor, and some basic level inquiry should carried out to make sure that the representation is genuine. In general, it is fair to expect the statutory licensing authority, when there is evidence that a representation is false, and/or that the person allegedly submitting it does not exist, and/or that adequate contact details have not been supplied, to carry out a limited, basic level check not least to find out if the representation is frivolous or vexatious, and has come from a real person.
The full story can be read here.
Philip Kolvin KC of 11 KBW represented Heaven, together with Sarah Clover of King’s Chambers.
