News In Focus
29 June 2009
Legal loophole allows rogue pubs to escape bans
The introduction of new alcohol laws on 1 September could result in pubs which have been stripped of their licences being allowed to continue trading.
The new Licensing (Scotland) Act does not allow sanctions taken against licensed premises up to August 31 to continue beyond that date, when the old laws become redundant.
Even if the licensing board bans a pub or off-licence from trading, no provision has been made for the punishment to continue under the new laws.
If licensees immediately lodge an appeal, allowing them to continue to trade until a sheriff upholds or overturns a board's decision, the premises would probably not have to close at all.
As a result, the country's largest licensing authority, Glasgow, is expected to scrap cases against off-licences, pub and club owners, claiming it would waste taxpayers' money to pursue them. Other licensing authorities are considering whether to follow suit. Police are considering how best to deal with premises they want urgent action taken against.