The owner of one of Perth’s best-known bars has launched a legal bid against Perth and Kinross Council for what he believes is a campaign of persecution.
BM Taverns director Brian MacDonald began proceedings at Perth Sheriff Court in a bid to force the local licensing board to loosen its hold over The Grill (formerly The Retreat) in Flesher’s Vennel.
Facing closure in 2009, he was forced to agree to some of the most stringent licensing conditions imposed on any licensed premises in Scotland.
Ever since he has sought to reduce those conditions, claiming they effectively prevent him from managing his own business as he is forced to consult the council before considering any changes to working practices.
Having attempted to do so through the licensing board and been repeatedly rejected, he has now asked the courts to intervene, a move that is being opposed by Perth and Kinross Council.
Mr MacDonald has had a long-running battle with board members over the running of the bar, which has had something of a riotous reputation, despite its enduring popularity.
The premises faced suspension of their licence in 2009 after police expressed concern over four separate incidents of violence over just two months.
Board members have also twice suspended Mr MacDonald’s personal licence, only to have their decision overturned by the courts.
More recently, however, councillors have praised Mr MacDonald and his staff for the way in which they have turned the business around.TurnaroundFrom a public house that once generated more incidents for police than any other in Perth and Kinross, it is now an establishment that gives little cause for concern.
During a board meeting in 2010, one senior officer said it was now “clear that the premises are being run in good fashion,” while councillors said there was “a case for The Retreat now being held up as an example of best practice.”
Nonetheless, the board has remained reluctant to remove any of the conditions imposed upon the bar in 2009, with just one that relating to stewarding relaxed slightly.
The “local conditions” that remain in place called for the introduction and maintenance of greater policing of patrons both within the bar and outside in Fleshers Vennel, CCTV, zero tolerance drug and offensive weapon policies and a litter policy.
They also call for the presence of door stewards throughout large parts of the week, even on quiet days.
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In addition, the board has decreed that the bar’s doors must remain closed at all times a condition that does not apply to any other licensed premises within the region.
Each of those conditions must continue to be met “to the satisfaction of the board” and any changes must be cleared with the board.
Mr MacDonald maintains this “heavy degree of management control” prevents him from properly running his own premises and according to his advocate Lawrence Kennedy is evidence of the fact that “the board simply do not trust him,” despite the bar’s trouble-free operation.
The advocate told Sheriff Lindsay Foulis, “There has been a difficult relationship between Mr MacDonald and the licensing board for a number of years.
“The underlying complaint from my client is that the board is intent on exercising an unreasonable level of management control over the premises, based on a wholly unjustified mistrust of Mr MacDonald.
“Where the controversy comes in is with regards whether it is necessary…to have fixed conditions on the licence, rather than allow Mr MacDonald to manage the premises with a reasonable degree of flexibility and freedom.”
The case was continued until June 15.