The owner of one of Perth’s best-known bars has failed in a legal bid to loosen the hold the local licensing board has over his business.
Facing closure in 2009, BM Taverns director Brian MacDonald was forced to agree to some of the most stringent licensing conditions imposed on any licensed premises in Scotland.
A long-running battle to have them reduced saw him take the fight to Perth Sheriff Court but after days of evidence and argument a sheriff has finally delivered findings in favour of the board.
Though a popular establishment, The Retreat had fallen foul of Tayside Police following a serious brawl in 2008 that led local councillors to question its management.
To satisfy members of the local licensing committee, Mr MacDonald had to agree to ensure greater policing of patrons both within the bar and outside in Fleshers Vennel and the introduction of zero tolerance drug, offensive weapon and litter policies.
He also had to introduce a new CCTV system, ensure that the premises’ main door remained closed at all times and provide door stewards throughout large parts of the week, even on quiet days.
The board has since altered its view of the premises, even going as far as to say that The Retreat was now ”an example of good practice”.
It has, however, been unwilling to remove any of the conditions attached to its licence, despite Mr MacDonald’s attempts to have them reduced.
He told Perth Sheriff Court that the ”heavy degree of management control” prevented him from properly running his own premises and according to his advocate, Lawrence Kennedy, there was evidence that ”the board simply do not trust him”, despite the bar’s trouble-free operation.
Mr MacDonald argued that, given the improvements, there was no longer any need for the conditions.
He also pointed to the fact that Tayside Police had withdrawn much of its opposition to the application and claimed it was ”unreasonable” for the board to continue to place so much weight upon an incident that had taken place on the premises three years earlier.
Perth and Kinross Council, however, argued that the improvements to the running of The Retreat were down to the conditions it had imposed and called for them to be retained.
Sheriff Lindsay Foulis found much to be recommended by that argument, as he found in favour of the licensing board.
It’s understood that Mr MacDonald is currently considering a further legal challenge.