Fife Licensing Board Has to Re-think Position on Reviews After Tom Johnston Highlights Defects in the 2005 Act

Tom Johnston, the firm's Managing partner and head of Licensing, recently appeared before Fife Licensing Board. The board had sought to review a premises license at Brannigans Hotel, Leven. Brannigans had been called before the Licensing Board on 13th September 2010 after police had allegedly been called out forty five times in one year. Board members themselves asked for the review, however, Tom Johnston pointed out that it effectively made them judge and jury of their own cause and therefore breached natural justice.

While the board is perfectly entitled under the Licensing (Scotland) Act 2005 to call such a review, Mr Johnston pointed out that if members decided to suspend or revoke Brannigans' liquor licence, the matter would almost certainly go to an appeal with breach of natural justice cited as one of the main crimes. The Clerk to the Board, Frank Jensen, explained to members there may be some difficulty with the Legislation and the Scottish Government may have to resolve this in future. he went on to say "There are obstacles in the way the Legislation is written to allowing Hearings in a fair manner". The Board agreed to withdraw its review proposal.