THE lengthy wrangle over the future of York's Barbican Centre is heading back to the courts.

Magistrates will next week consider an appeal by campaigners against City of York Council's decision to grant a licence to serve alcohol into the early hours.

Next month, the campaigners will return to the High Court in an effort to resume their battle against the authority's decision to grant planning permission for the site's redevelopment.

The Save Our Barbican campaign warned today that both actions were set to cause further delays to the council's bid to privatise and revamp the auditorium, and redevelop the rest of the site with a large block of flats and a hotel.

Spokesman Ernie Dickinson said it would claim at the hearing at York Magistrates Court on Wednesday that notices warning of the late licence application had been posted incorrectly around the site by prospective centre operators, Absolute Leisure.

Such claims were made to the council's original licensing sub-committee hearing but dismissed.

Mr Dickinson said if this objection was dismissed by the magistrates, a date would be set for a second hearing to consider objectors' main appeal against the decision to grant a late licence, which was made despite objections from more than 200 local residents worried about noise and disturbance.

The High Court will in November consider their complaint against a Legal Services Commission's decision to restrict their entitlement to Legal Aid at a High Court hearing in the summer.

On that occasion, the campaigners were seeking a judicial review of the council's decision, on the basis that it had failed to order an environment impact assessment.

But they ended up representing themselves in court because they did not have sufficient Legal Aid to pay for counsel, and claimed they had therefore been denied a fair hearing.

The application for judicial review was dismissed but Mr Dickinson said if they succeeded in their case against the commission next month, they would lodge an appeal against that decision.

Council leader Steve Galloway said if the initial appeal to magistrates was upheld, it would be open for the applicants to lodge a fresh application for a late licence to the council.

He considered the appeal to the High Court to be a matter between the campaigners and the commission, and as far as the council was concerned, the matter was closed.

He also warned that the longer the delays went on in redeveloping the Barbican site, the greater the risk it would produce insufficient capital receipts to pay for the construction of a replacement swimming pool and fitness facilities, and the refurbishment of two other pools in the city.

Updated: 10:01 Thursday, October 13, 2005