SMITH LEFT "AGHAST" AT OVERTURNED LICENSING RULING

3.05.00pm GMT Tue 4th Nov 2008

North East Fife MSP, Iain Smith has been left aghast by a Sheriff's verdict to overturn the decision by Fife Council's Licensing Committee's which suspended the off-sales licence of a shop in St Andrews after selling alcohol to underage drinkers on three occasions.

The ruling which also saw costs awarded against the Council has resulted in Mr Smith questioning whether the law, as it stands, is enforceable at all and if it will mean that Councils are less likely to suspend licences.

Commenting Iain Smith said, "I have written to the Justice Minister and the Lord Advocate asking them to examine the Sheriff's ruling with a view to ensuring that Licensing Authorities have effective powers to suspend licences where there is evidence of failure to comply with the conditions of a licence. In particular selling to under-age persons, without also having to prove that the licensee is not a "fit and proper person".

"If the SNP are serious about tackling under age drinking then they need to make sure that local licensing authorities have the tools to do the job."