"Binge drinking" curb ruled unlawful

Judge strikes down Aberdeen attempt to set minimum drinks prices

News, 9 November 2004

Aberdeen publicans have successfully challenged an attempt by the city's licensing board to impose a minimum price tariff as a condition of granting or renewing public house licences or regular extensions of hours.

Lord Mackay of Drumadoon in the Court of Session upheld a petition by two companies operating pubs in the city for judicial review of the policy adopted by the board ahead of its quarterly meeting last month.

The board, which drew up the policy following concern at the growing level of drink-related disorder in Aberdeen, claimed it had the support of the police, licence holders and the general public in Aberdeen in attempting to curtail the use of "happy hours" as likely to lead to binge drinking.

The court however held that there are no powers under the Licensing (Scotland) Act 1976 to regulate prices in this way, either directly or by requiring undertakings as a condition of granting a licence.

Lord Mackay said that while boards are entitled to formulate licensing policy, they have to consider how it applies to each individual application. Here it was clear that the Aberdeen board intended to take enforcement action against any licence holder who did not comply. Such a policy was beyond their powers.

The Nicholson Report, published last year, recommended action against substantial price cuts in "happy hours" that encourage binge drinking.

Lord Mackay's judgment can be read at http://www.scotcourts.gov.uk/opinions/P1536.html