Police move on former Heaven nightclub operator John Richard Pike 'unreasonable'

A POLICE move to limit the involvement of Heaven nightclub's former operator in its new premises were "unnecessary and unreasonable", a court has ruled.

POLICE recommendations to limit the involvement of Heaven nightclub's former operator in its new premises were "unnecessary and unreasonable", a court has ruled.

The Liquor Licensing Court today handed down its ruling into the long-running legal stoush between the club and SA Police.

Police Commissioner Mal Hyde had sought to have John Richard Pike - Heaven's former operator - be excluded from the premises at all times.

Mr Hyde further wanted Mr Pike ruled ineligible to be engaged in the management of the venue, receive any financial remuneration or to enter into any agreements with the licensee or representative of the licensee.

In 2006 Mr Pike was was banned from operating a licensed premises because of his alleged links to bikie gangs.

Today, Judge Paul Rice ruled Mr Pike can work as a consultant for the relaunched premise but can have no involvement in the hiring, paying or firing of any staff.

He said it was appropriate certain conditions applied but that the police were unreasonable in their suggestions.

"Whilst an intervention of the Police Commissioner was justified...in my view (the conditions) were both unnecessary and unreasonable," he said.

He said he does not see why someone in Mr Pike's position could not act as a consultant "provided appropriate conditions are in place to safeguard the public interest".

"I expressly find that Mr Pike does not now, and does not, intend to be involved in the business other than in the limited way indicated," he said.

"He operates in a fairly defined area, does not handle or control any of the revenue or profits of the business and is in no way involved in the corporate structure."

Judge Rice ruled Mr Pike is to have no involvement in the hiring, paying or firing of any of the staff of the licensed premises or the engagement or paying of security for the licensed premises.

He also banned him from handling revenue or profits.