Welsh councils on back foot over price schemes

by Ewan Turney

Local authorities have once again been warned that they do not have the power to introduce minimum pricing under the new licensing regime.

The warning comes as two Welsh councils, Cardiff and Swansea, had to admit their efforts to include minimum pricing in new licensing policies have so far proved futile.

Cardiff had included the idea in its draft policy while Swansea is still considering the issue. Cardiff's draft policy states: "The authority will also consider imposing any necessary licensing conditions in connection with the restriction of discounting and sales promotions where representations are received that such conditions are necessary in respect of a particular premises."

However, chairman of Cardiff licensing committee Brian Griffiths said the council had "no chance" of legally implementing the clause.

"It would have to be a voluntary move as there are no rules imposing it legally," he said. "Under the new regime, the only way to revoke a licence would be if there was trouble at the venue. We could not deny a licence just because cheap drinks are served."

In Swansea, the issue was raised too late to be included in its policy but it will be undertaking further legal investigations as to how it could be included.

Swansea licensing committee chairman Ioan Richard said: "We can't do it on the hoof. We will get the council lawyers to look at it as some of the big brewers are quick to employ top barristers and seek damages from local authorities ­ which is money that could be better spent on schools."

He added: "If there is a legal way round it, we would like to introduce it."

Recent advice from the Office of Fair Trading that "no local nor police authority in England and Wales have powers to set a minimum price" and the recent ruling against minimum pricing in Scotland suggest Swansea's investigations will be fruitless.

The British Beer & Pub Association communications manager Christine Milburn said: "What local authorities can set conditions for are already set down in the guidance and these do not include price controls."