News: Postcode lottery of penalties imposed at Licensing Review hearings.
- Date: 06/02/2012
- Source: Poppleston Allen
- Author/Solicitor: Jonathan Smith
A number of recent decisions by Licensing Sub Committees across the United Kingdom have highlighted a startling lack of uniformity in the penalties imposed at Licensing Review hearings. This is particularly true when convenience stores face Reviews for failing test purchase operations.
In the following examples, differing decisions were reached at what we believe was the first Review application in each case. A convenience store in Milton Keynes had its Premise Licence revoked for a number of licensing breaches including underage sales. In Bromley, 3 shops caught selling to underage only had conditions placed on their licences, whilst a fourth in the same area, had a 3 month suspension, albeit upon second Review. Meanwhile in Blackpool, a convenience store only received a one week suspension in similar circumstances.
The position appears to be no clearer in Scotland. A 5 day suspension for a convenience store in Glasgow upon first Review was recently upheld on appeal, whilst no action was taken against an East Lothian shopkeeper who had made a 'genuine mistake' in selling alcohol to a test purchase volunteer. These are by no means isolated instances and we have seen a similar pattern across the United Kingdom for a number of years.
Decisions reached by Licensing Sub Committees, and the severity of the penalties imposed, clearly depend upon the individual circumstances of each case and no two cases are the same; but can the differences be so great to justify such disperate decisions?
For more information please contact Jonathan Smith
