Trade group fights 'personal licence holder' issue

A Scottish trade group has expressed concern that some councils will act "beyond their legal powers" over the new Licensing Act.

The Scottish Beer & Pub Association (SBPA) fears that some councils will try to enforce a rule where pubs must have a personal licence holder (PLH) on the premises at all times.

Most licensing boards do not see this as a legal requirement, but the SBPA is worried after one council - South Ayrshire - included the requirement in its policy statement.

The situation mirrors an issue that arose in South Yorkshire, over the Licensing Act in England and Wales, whereby the local police backtracked over its policy over ensuring PLHs always remained on the premises. Tessa Jowell, the then Culture Secretary, was forced to intervene in the matter.

The SBPA said it had spent "several thousands pounds" in getting legal opinions, confirming there was no requirement to have a PLH on a licensed premises at all times, unless the premises was open after 1am.

Patrick Browne, chief executive of the SBPA, said: "Most boards have already accepted that view, but a handful have taken a different view and have written that into their policy statements, the latest being South Ayrshire.

"We are clear that these boards are acting beyond their legal powers on this matter and we will be writing to them to highlight the opinion we have obtained and seeking confirmation that they will be amending the draft policy statements to reflect the actual legal position.

"This is a critical issue for licensees in that if they had to have a PLH on the premises at all times then they would have had to have trained multiple members of staff at additional unnecessary cost. Hopefully, SBPA's legal opinion categorically concludes the matter."

The transition period for the Act is due to kick-off next February with the key provisions coming into effect in 2009.