THE OWNERS of a pub gutted by a fire in the Burnley riots are claiming damages of up to £100,000 from Lancashire Police.

The Duke of York, in Colne Road, became a focal point during the disturbances in June 2001, and was reduced to a burnt-out shell following an arson attack.

Under the current system, if a disturbance is declared a riot, the local police authority has to pay out for damage to businesses and properties.

Lancashire Police are looking into 16 claims, but have always insisted the disturbances in the town did not constitute a riot.

The pub owners, Avebury Taverns, of Gerrards Cross, Buckinghamshire, carried out a full pub refurbishment following the attack, which included fitting safety glazing on the windows. But the company has now issued a writ against Lancashire Police Authority in the Queen's Bench Division of the High Court asking for damages under the Riot (Damages) Act of 1886.

Although they have been paid for the material damage to the building by the police authority, Avebury Taverns claim they are owed for their 'consequential loss' or money they would have got through the business if the fire had not affected the pub, and for interest on that money.

They claim the consequential loss amounts to £44,912, plus interest.

A spokesman for Avebury Taverns said the writ had been issued on behalf of their insurance company.

A spokesman for the Lancashire Police Authority said: "A claim has been made by Avebury Taverns Limited under the Riot Damages (1886) Act, following an incident in June 2001 at the Duke of York public house in Burnley.

"The authority intends to vigorously contest this claim. The matter is now sub judice and therefore it is inappropriate to comment further."

The Duke of York, which dates from 1888, is one of the town's landmarks with its familiar clockface looking towards the town centre.

The Home Office is currently debating whether to keep the 117-year-old Riot Act as it is, repeal it entirely, or reform it, to limit the amount of public cash paid out.