Scottish pub fights 'record conditions'
A problem-hit pub which had to accept what's believed to be a record number of conditions to re-open claims the case shows the Scottish Licensing Act is open to abuse.
The Retreat Bar in Perth, owned by BM Taverns, closed its doors for five days in October 2007 to find a new manager after the previous one was sacked when police claimed she was drunk on duty.
But despite carrying on trading for the following two years the pub was slapped with 10 conditions when the news Act came into force in September.
And despite having no problems since the board has refused to soften its stance.
Brian MacDonald said: "I'm running this bar hand-on, and there is literally no problem, yet we're being penalised.
"I run 13 units across the country and have had no problem like this in 21 years of trading.
"This bar has by the board's admission made a complete turnaround yet others which have suffered from problems are still open with no conditions at all - there's no consistency."
He added: "It's not that the conditions are difficult - but when you see press reports you think the place was shut down and then allowed to reopen only with major sanctions, and that isn't the case.
"I think the ability to place these conditions without real challenge shows the Licensing Act is open to abuse."
BM's lawyer Paul Trodden added: "No other pub in Perth and Kinross, including those with problems, has 10 conditions - it may be the highest number in Scotland."
This month he tried without success to persuade the board that one of these conditions, specifying hours when stewards must be used, should be relaxed.
Other conditions include ensuring there is CCTV coverage.
Trodden added: "Another is keeping the street door closed at all times, apparently so that customers won't spill on to the street and cause an obstruction, but there are several other bars nearby where this doesn't apply."
BM Taverns is now awaiting the board's statement of reasons before deciding whether to appeal the decision.
