Scotland's new liquor laws are facing a legal challenge just three weeks after their introduction, fuelling further speculation that licensing boards across the country will face court action.
The Scottish Beer and Pub Association, which represents almost one-third of the 5200 public houses north of the border, is claiming Scotland's largest licensing authority is acting unlawfully in its interpretation of the act, the transition to which began on February 1, and is seeking a judicial review.
It claims the City of Glasgow licensing board's legal insistence that a licence holder be on a premises, which can range from a large supermarket to a corner shop or community pub, is "ultra vires" and is seeking the Court of Session to overturn the ruling.
South Ayrshire and at least two other licensing board areas have also made the requirement.
The association, whose membership includes some of the biggest names in the bar trade, insists it is not being confrontational and is merely seeking clarity.
But others within the licensed trade believe it has deliberately targeted Glasgow with the aim of "claiming a major scalp" and forcing other boards to revise their policies.
The Herald is aware of imminent action against at least one other licensing board and influential individuals within the Scotland's hospitality industry, which employs well over 200,000 people, have predicted for some time that local interpretation of the Licensing (Scotland) Act 2005 could spark a rash of court actions and contribute to the overall meltdown of the licensing system.
Among the conditions causing concern are requirements in some areas for all staff working in premises where children are present, including hotels and restaurants, to undergo Disclosure Scotland checks, despite the children being in the care of parents or guardians, Others have conditions on issues as diverse as stage hypnotism shows to the tempo of music and the removal of glass doors and TV screens.
Patrick Browne, SBPA chief executive, said the judicial review was a last resort following Glasgow's refusal to amend its policy.
He added: "Unfortunately the lack of an effective response to our representations on this matter from, amongst others, the Scottish Government has left us with no alternative to this action."
A spokesman for Glasgow Licensing Board said last night: "If someone is seeking a judicial review of a board policy then the board will defend it vigorously."
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