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Alice H
Alice H, Solicitor/Partner
Category: Law
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Experience:  Partner in national law firm
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If a member of the public has not been in a specific licensed

Resolved Question:

If a member of the public has not been in a specific licensed premises for a period of time due to illness, can the manager of the premises bar that person from the pub in Ayrshire, Scotland due to the fact that the manager just doesn't like that person? Person who is barred does not drink alcohol and has never, ever made a public spectacle of herself. As I am a licensee myself in South Ayrshire I am extremely worried that this will have an adverse effect on my own license..... Manager of the Wetherspoon pub does not have the courage to speak to me herself and has just left messages to this effect. My son used to work in the kitchens and left recently due to a mental health problem caused by bullying within the premises, but the pub is near to my home and my husband and I loved going up there for a quick meal. My husband hasn't been barred [as far as we know] which seems really weird. Gillian
Submitted: 2 years ago.
Category: Law
Expert:  Alice H replied 2 years ago.
Alex Hughes : My name is***** and I'm happy to help with your question today.
Alex Hughes : The Licensing (Scotland) Act 2005 certainly gives the landlord power to bar people for drunkeness and disorderly behaviour but there is no power in law to bar a person without good reason.
Alex Hughes : The trouble is that the discretion to bar a person is with the publican and he/she has the final say on the matter. Even if your aggrieved with the decision there is no appeal procedure. The only think you could do is ask the publican to review the decision but if the answer is negative there is no other route to overturn that decision.
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2847
Experience: Partner in national law firm
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