The licensing board wants an end to cut-price drinking

Lord Mackay ruled that Aberdeen city licensing board did not have the power to regulate minimum prices for drink.

Prices were set at �1.75 for a pint of beer, cider, premium lager and bottles of alcopops and �1.20 for spirits.

The bid to call time on heavy boozing was launched in September, but was challenged in the courts by pub chains.

Mitchells and Butlers Retail and the Spirit Group, which runs pubs in the city, raised an action for a judicial review of the board's decision.

Their lawyer, Rory Anderson, argued that the move indicated an intention to seek an undertaking from all licensees, under threat of enforcement proceedings.

The provisions of the 1976 act do not give licensing boards the power to regulate the minimum prices below which alcohol may not be sold Lord Mackay

He said it would interfere with the terms of trade between a publican and his customers.

The QC claimed the measure constituted "a blatant interference" with a licensee's freedom to trade.

James Peoples QC, for the board, argued that there was nothing unlawful in seeking undertakings from current licensees provided it was directed towards a licensing purpose, such as cutting binge drinking.

But Lord Mackay ruled that even if the restriction, which he said appeared to be widely supported in Aberdeen, succeeded in cutting heavy drinking, the authorities did not have the power to introduce it.

Plans to change licensing laws have been drawn up by ministers

He added: "A licensing board might well take the view that adopting a policy of requiring that alcohol be sold in accordance with a minimum price tariff could prevent binge drinking from occurring in licensed premises within its jurisdiction.

"Even if a licensing board was to proceed on such a basis, it would be acting outwith its statutory powers, and thus unlawfully, if it adopted and sought to impose a requirement that licence holders sold alcohol at or above minimum prices which the board itself had fixed.

"The provisions of the 1976 cct do not give licensing boards the power to regulate, either directly or indirectly, the minimum prices below which alcohol may not be sold during permitted hours."

A spokesman for Aberdeen City Council said the judgement would be studied and considered by the licensing board when it meets again next week.

Death toll

Grampian Police had called for an end to drink discounts to tackle disorder. Other Scottish local authorities have already imposed similar restrictions.

In June, one of Scotland's top doctors called for price increases and restrictions on the sale of alcohol to curb drinking habits.

Dr Laurence Gruer, who advises NHS Health Scotland on public health issues, argued it was the only way to reverse the death rate.

Meanwhile, plans to reform Scotland's licensing laws have won widespread support, ministers said on Friday.

They claim a consultation exercise showed "clear consensus" on the policy.

Changes proposed

The shake-up proposed in a White Paper earlier this year includes a radical overhaul of the licensing system and a bill is expected in February.

Under the changes, 24-hour opening by pubs would be ruled out, and there would be curbs on drinks promotions which encourage binge drinking or anti-social behaviour.

Licensing boards would also be allowed to block new licences if an area has reached saturation point with pubs and clubs and local people would have a greater say on off-licence applications.

Deputy Public Services Minister Tavish Scott said: "I am pleased to see that we have such a clear consensus on how we move forward and overhaul Scotland's licensing laws.

"We want to create a licensing system that supports our efforts to improve the nation's health and help break the link between excessive drinking and crime."

He welcomed support for moves to outlaw "irresponsible" promotions which, he insisted, could lead to drinkers going on benders.