SBPA welcomes clarity on Glasgow policy

Licensees in Glasgow will not be forced to be stay on their premises at all times after the issue was resolved in court today.

The Scottish Beer & Pub Association (SBPA) had forced a Judicial Review over claims that Glasgow Licensing Board's had asserted in its policy that personal licence-holders (PLHs) must be on the premises "at all times".

But in the Court of Session in Edinburgh lawyers acting for the licensing board said it had not imposed any such condition.

Patrick Browne, chief executive of the SBPA, said: "This acceptance of our view by the City of Glasgow Licensing Board in court is very welcome, if very costly and very late. "

"We did not believe that licensees should have had to incur unnecessary costs in complying with requirements which were not legally sanctioned by the Licensing Act, and which would have caused them operational difficulties in running their pubs."

The SBPA was also awarded 75 per cent cost, which will be met by Glasgow Licensing Board.

Bailie McNally, chairman of the licensing board said it was "regrettable" that the review had been sought.

"In my view, the board's position was always clearly stated in the policy document," he said.

"The board will consider each application for a premises licence on its merits and it may be that a condition requiring the attendance of a personal licence holder could be applicable in certain cases in pursuance of the new licensing objectives.

"However it never was the intention of the board to apply such a requirement on a general basis when considering applications under the new Act and no indication to that effect was given in the approved policy statement."