Scotland - Paisley licence suspension overturned

The suspension of a Premises Licence by the Renfrewshire Licensing Board for a “corrective purpose” has been overturned by the Paisley Sheriff Court.

In the case in question, Nelson v Renfrewshire Licensing Board, the Designated Premises Manager another employee and a number of customers had a lock in at the Kelburne Bar in Paisley with alcohol being consumed outwith the licensed hours allowed at the premises.  The Chief Constable subsequently applied for a Review which as well as the lock in was also brought on the grounds of alleged drug use at the premises and failure to produce training records.

Albeit the DPM and staff were involved the Premises Licence holder was not aware of the lock in and following the matter being brought to their attention took immediate action dismissing the members of staff involved.  When the matter went before the Board on the 29^th April 2013 the Police no longer had concerns.

It was held by Sheriff Paul Pender that the suspension could not be justified.  The Board has adopted a “strict liability or absolute liability approach” which in his judgment when taking into account the previous Lidl decision was not the correct approach.  There were no continuing issues which a period of suspension would allow the licence holder to address.

The full judgment can be found clicking below:

Nelson v Renfrewshire Licensing Board Full Judgement.