HC Deb 12 March 1969 vol 779 c1361
23. Sir M. Galpern

asked the Secretary of State for Scotland if, in view of the increase in the number of licensed premises and recent cases where the licensing appeal courts have reversed unanimous decisions of the licensing court in cases where they have refused to grant licences, he will now consider the need for introducing legislation to transfer the duties of the licensing courts to the sheriffs.

Mr. Buchan

No, Sir. Liquor licensing is an administrative, not a judicial function.

Sir M. Galpern

In view of the widespread and mounting alarm at the 30 per cent. increase over the past nine years in the number of licensed premises in Scotland, will not my hon. Friend take the earliest possible action to implement, at least as a first step, that part of the Guest Committee's Report which is supported by the Law Society of Scotland and which recommends that the duties of the licensing appeal courts should be transferred to the sheriffs?

Mr. Buchan

I cannot give any guarantee about early legislation. I think that we must keep in mind on this aspect that basically it is a social rather than a judicial decision.

Mr. Wylie

I think that the Minister is aware that the Law Society has recently been pressing for legislation on this matter. Is he also aware, as his hon. Friend has said, that there is a widely held view in Scotland that the present system is most unsatisfactory? Will he get his priorities for legislation right and get some legislation on the Statute Book on this matter?

Mr. Buchan

I am aware of the attitude of the Law Society and of the general attitude towards this matter. What I said was that I can see no prospect of early legislation on this matter. This does not mean that I do not recognise the feeling on the aspects involved.

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