By Richard Burdge

A POLICY aimed at curbing the excesses of binge drinking in Perth and Kinross has had to be abandoned following a legal challenge.

Perth and Kinross Licensing Board have agreed to end their minimum pricing scheme currently applied to the extension of licensed premises’ permitted hours.

The board met this week to consider a report concerning the effect of the recent Court of Session judicial review of the City of Aberdeen Licensing Board’s minimum pricing scheme.

The licensing board noted from the report that “a significant part of the reasoning for reaching the conclusion that the Aberdeen scheme was unlawful was based on aspects of that scheme which are not present in the Perth and Kinross scheme.”

However, the board concluded that other comments within the Aberdeen judgment, to the effect that there was no express power in the Licensing (Scotland) Act 1976 permitting such a scheme, directly affected the Perth and Kinross scheme.

In light of this it was decided the scheme should be abandoned and a letter will shortly be issued to all licensees advising them of the situation.

The social demand hours granted for regular and occasional extensions will be retained, irrespective of the minimum pricing condition ceasing to have effect.

However, the licensing board will be reviewing the granting of extended hours in the future.

Councillor David Dow, chairman of the Perth and Kinross Licensing Board, said, “The board will also continue to monitor binge drinking, when assessing whether a person is fit and proper to hold a licence.

“We would wish to highlight the legal responsibility of licensees not to sell alcohol to people who are drunk.

“The board is particularly grateful for the support received from local licensees for the scheme, and I hope that they will continue to adhere to the responsible practices they observed whilst the minimum pricing scheme was in force.”

Councillor Joan McEwen, vice-chairman, added, “With the scheme falling, the review of extended hours is now essential and something the board needs to consider as soon as possible.”

Perth and Kinross led the way with the scheme which has been abandoned, hailed as a first for Scotland.

It was in full operation from June last year following a trial period.