Lawyer sees smoke ban loophole
A leading QC claims to have found a legal loophole which could allow licensed premises to challenge the Scottish smoking ban.
Sir Crispin Agnew, QC, says the price of bringing smokers in out of the cold could be as little as the cost of registering as a company limited by guarantee – as little as £50.
Writing in an influential legal journal, the former explorer says the wording of the Smoking, Health and Social Care (Scotland) Act 2005 applies only to clubs that are "unincorporated associations".
He says that if clubs were to become "incorporated associations" by registering as companies, they could go to court and ”test” the legislation.
We believe the legislation applies to all premises
Scottish Executive spokesman.
However, a Scottish Executive spokesman said: "We believe the legislation applies to all premises that are used by and for the purposes of a club, regardless of the legal make-up or status of that club."
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