Licensing row after '45 police call-outs'

MINISTERS have been urged to rewrite "unworkable" licensing laws after a case against a nightclub, which police had allegedly been called to 45 times in a year, collapsed.

Lawyers say current rules allow licensing boards to act as "judge, jury and executioner" when dealing with bars and pubs and have called for the Scottish Government to consider whether they need to be reformed.

The call follows the dropping of a review of Brannigans, a club in Leven, Fife - a move which could have national repercussions.

The nightclub had applied to extend its opening time from 2am to 3am, in line with an extension introduced in Fife.

However, the Fife Licensing Board decided to review the venue's suitability to hold a drinks licence after hearing the police had been called there 45 times in a year, something Tom Johnston, the lawyer acting for the nightclub denies.

The review descended into chaos after the board agreed with Mr Johnston, who argued it was unfair for it to judge a case it itself had decided to call.

Mr Johnston, managing partner of Young and Partners in Fife, said: "One of the principles of law is that no-one should be the judge in their own case.

"If you, as a licensing board come along and say 'I think this merits a review', you can't then act as prosecutor or judge."

He believes the Scottish Government should now consider re-writing the Licensing (Scotland) Act 2005.

Mr Johnston said: "I don't think this should be part of the legislation. It is fundamentally flawed and does not fit with the right to have a case heard independently before a review."

He said he had planned to present a similar argument at a licensing review in West Lothian, on Friday, but the case was dropped.

However, the move means councils may no longer be able to strip rowdy pubs and clubs of alcohol licences unless a third party, such as the police or a neighbour, objects and refers them to the licensing board.

Frank Jensen, depute clerk to the Fife Licensing Board, advised members at the hearing on Tuesday: "You would be proceeding in the knowledge that you are complying with the legislation but are aware of the possible flaws within it.

"There are obstacles in the way the legislation is written to allow hearings in a fair manner."

Speaking after the case, he said: "It is clear to me that there are many cases where we would run into the same difficulty.

"There are cases where it might be possible for boards to call for a review, but generally it would be difficult.

"If the same situation arose again the same advice would be proffered.

"The board asked me to contact officials in the Scottish Government and I will do so, pointing out the difficulty we faced."

It will now be up to the Scottish Government to decide whether there should be a change in the law.

A Scottish Government spokesman said: "The Licensing (Scotland) Act 2005 was passed before this administration took office, and while we have no current plans to review Section 37 we always keep matters under review."