Judicial review sought on Scottish licences

February 22, 2008: The Scottish Beer and Pub Association (SBPA) has sought the first judicial review under the Licensing (Scotland) Act 2005 on behalf of members operating pubs in Glasgow.

The action, begun yesterday in the Court of Session in Edinburgh, seeks a judicial review of the Glasgow Licensing Board’s view in its Statement of Licensing Policy that there is a requirement under the terms of the Licensing (Scotland) Act 2005 for there to be a personal licence holder (PLH) on the licensed premises “at all times” during which alcohol is sold.

The action is supported by the British Beer & Pub Association.

The SBPA will return to the Court of Session on Friday (February 29) when it hopes to obtain orders for service of the judicial review.

Chief executive Patrick Browne said: “The City of Glasgow Licensing Board has taken the view that there is a legal requirement imposed under the terms of the Licensing (Scotland) Act 2005 for a personal licensing holder to be ‘on the premises' during all of the hours that alcohol is sold.

"This view is not shared by the vast majority of Scotland’s other licensing boards, many of which have specifically stated that this is not a requirement imposed by the 2005 Licensing Act, and it is also not the view of counsel in legal advice obtained by the SBPA.

“We have been in correspondence with the Glasgow Licensing Board, highlighting our legal advice on this issue and asking them to amend their licensing policy statement, which they have declined to do. We, therefore, have had no alternative other than to raise the matter through the Court of Session in order to have the position fully clarified for the benefit of all stakeholders, including licensing boards.

"We do not believe that licensees should have to incur unnecessary costs in complying with requirements which are not legally sanctioned by the Licensing Act, and which will cause them operational difficulties in running their pubs.”

Mr Browne added: “It is very unfortunate that less than three weeks into the process of licensing reform in Scotland the industry is having to seek a judicial review in order to clarify the legal obligations imposed by the Licensing (Scotland) Act, but unfortunately the lack of an effective response to our representations on this matter from, amongst others, the Scottish Government has left us with no alternative to this course of action.”