JD Wetherspoon has successfully prevented the residents of a block of flats 150 yards from one of its Birmingham pubs from objecting to an extension in its licensing hours. Birmingham city council said that the terms of the Licensing Act 2003 prevented people living in Berkley Court from having their say about an application by the Figure of Eight on Broad Street. The company’s application to serve alcohol from 9am to 3am seven days a week at the Figure of Eight was approved by the licensing sub-committee. Penny Holbrook, chairman of the licensing sub-committee, told the Birmingham Post: "We have carefully considered whether the interested party lives within the vicinity of the premises. "It is the decision of this sub-committee that in view of the commercial premises surrounding the Figure of Eight and the guidance issued under the Licensing Act that the interested party is not within the vicinity of the Figure of Eight." Rachel Lynne, representing JD Wetherspoon, said the sub-committee could only consider allegations of disorder occurring immediately outside of the pub. "The guidance is quite specific and it is my submission that Berkley Court is some way from the immediate vicinity of the premises," she said.