SBPA holds licensing boards to account

The Scottish Beer and Pub Association (SBPA) claims a number of licensing boards are failing to comply with the Scottish Licensing Act 2005 (Scotland) by not publishing a statement of their licensing policy.

Under the act, licensing boards are required to prepare and publish their policy every three years. This must be done before the board carries out any function in respect of individual applications.

However the SBPA have said that Falkirk Licensing Board has not published its policy despite it being due in November 2007.

Patrick Browne, chief executive of the SBPA said: "We do not accept they have produced a finalised statement by November 30. Any policy they have put together can not have included the vital section on licensing hours. They have not complied with the law."

The SBPA also said two further boards on the Scottish borders are also late in publishing their policy.

Browne said the delay had serious consequences for licensees applying for or renewing licences.

"Licensees are supposed to have reference to boards' licensing policy statement when they submit their applications. The problem for the board is that they can't hold people to account in terms of the policy statement given that they haven't signed up to it yet. Clearly they cannot have taken it into account," he said.

Lawyers acting for the SBPA have written to Falkirk Licensing Board on three occasions asking when it would be published but they have yet to receive a reply.

"Really we are trying to make sure that boards are doing what they should be in terms of the law and hold them to the limitation of their powers under the licensing act," said Browne.

Falkirk Licensing Board issued a statement saying: "Falkirk Licensing Board adopted its policy in November 2007 but agreed to further consultation on the hours of trading, based on responses received on the draft policy. The Board will have regard to the issue of hours when considering licensing applications."

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