The Kintyre Forum

Argyll and Bute pubs fail the test

A high proportion of licensed premises across Argyll and Bute are failing to comply with relevant legislation.

A programme of visits by the council’s licensing standards team has revealed a startling level of non-compliance with the Licensing (Scotland) Act 2005.

The situation is made even more serious by the fact that all premises were written to advising that a visit would be taking place. The letter detailed the areas which would be looked at during the inspection and provided advice and guidance on the Act’s requirements – including draft statutory notices which they could display if they were not already doing so.

In the event, just 12 of the 92 premises visited were fully compliant with the legislation, leaving 80 needing remedial action.

Councillor Daniel Kelly, chair of Argyll and Bute’s Licensing Board, said he was shocked by the failures, and would have no hesitation in urging the Board to review the licenses of any premises which failed to take all reasonable steps to adhere to the law.

“It is extremely disappointing that despite the efforts of our licensing team in supporting licensed premises across the area, it appears that many of them are failing to comply with the basic legislation,” he said.

"The feedback I am getting is that most of this non-compliance is not wilful, but rather the result of ignorance of the requirements. This is not an acceptable excuse. Not only have all these licensees had ample opportunity to familiarise themselves with the Act, but also all have received information and support from our officers in how best to comply with it.

“It is shocking that 87% of those businesses inspected – who all knew well in advance that the inspection would be taking place – are failing in their duties as licensed premises.”

The criteria under which the premises were tested included the display of various statutory notices, staff training/knowledge, security and children and young persons’ policies.

Councillor Kelly said: “Licensing standards officers will now embark on an enforcement strategy – informing all licensees of the findings and providing advice and instruction regarding the areas identified as requiring further attention.

“The premises which failed these initial inspections will then be revisited to ensure that they have rectified the situation, and we will also be visiting other licensed outlets which have yet to be inspected.

“As part of this strategy, licensees should be in no doubt that compliance notices will be issued if necessary, and that they could well find themselves up before the Licensing Board if they continue to flout the law.”

Details of the inspection statistics by area are:

Helensburgh – 20 inspections, 1 premises fully compliant, 19 requiring remedial action

Dunoon - 19 inspections, 3 premises fully compliant, 16 requiring remedial action

Bute - 18 inspections, 3 premises fully compliant, 15 requiring remedial action

Oban - 17 inspections, 1 premises fully compliant, 16 requiring remedial action

Campbeltown - 11 inspections, 1 premises fully compliant, 10 requiring remedial action

Mid Argyll - 7 inspections, 3 premises fully compliant, 4 requiring remedial action

How much of this "non-compliance" actually affects the services that the customer is looking for when they use these licenced premises?

How much of this is purely for the justification of the existence of a bureaucratic hierarchy of "little hitlers" within Argyll and Bute Council, who have never had the experience of having to try to run a business and try to keep up with ever changing red-tape which seems to be aimed at tying enterprise up in knots and making it inevitable that they will fall foul of the rules?

"The criteria under which the premises were tested included the display of various statutory notices, staff training/knowledge, security and children and young persons’ policies."

If I go into a pub, what I want is what I am there for, I don't give a monkey's about all this stuff.

What a load of bollocks!

That's quite an 'epic fail'

Wonder what they were looking for the message is quite vague?
Could be as simple as wrong 'no smoking' stickers or more importantly cleanliness/weights & measures issues?

russanros wrote:That's quite an 'epic fail'

I think that the "failure rate" suggests that the legislation, and changes thereto are more than a licencee can keep abreast of. It's a full time job to keep abreast of legislation without having to cope with the recession, coupled with the smoking ban which has decimated pubs across the country.

That's OK if you happen to be a bureaucrat who is employed by the council to "police" this, and are paid a salary for doing so, without the distraction of having to struggle to make a living, and are probably paid a better salary than publicans who are in many cases earning less than them. These people have a vested interest in purporting to be the upholders of the law. This is a storm in a teacup.

As a practicing accountant, I know how difficult it is for self-employed people to make a living, and red-tape is a major problem to enterprise and economic activity.

The actual act is over 100 pages of 'legal speak' so it is not surprising that it is not easily understood and errors are made by bars.

In the transition to the Licensing (Scotland) Act 2005, the Licensing Standards Officer was the most helpful of all the people that I dealt with in the Licensing Board. If he did not have an answer to my questions, he would research them until he could give me a reply. I believe that this is still the case with him.

Originally, before the implementation of the Act, I am led to believe that Argyll & Bute intended to employ 2 point something LSO's to cover Argyll & Bute and remember this includes Helensburgh etc., but have since changed this to one LSO and one individual on a temporary private (consultancy?) contract. This to oversee around 400 licensed premises in the county.

My dealings with the Licensing Section have at times, had me pulling out what little hair I have left due to unanswered letters and e-mails relevant to what I consider important and salient matters concerning the Act. On one occasion it took them 10 weeks to issue me with a Personal Licence Holder application form that I could have downloaded with the banner of almost any other council in Scotland. I eventually received one when I said I would apply with a West Dunbartonshire Council form. Perhaps Councillor Kelly should get his own house in order before starting on others.