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Ski coach in Border line drinks case

12th January 1973
Page 20
Page 20, 12th January 1973 — Ski coach in Border line drinks case
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Which of the following most accurately describes the problem?

• Travel to Scotland by air, sea or rail and you can buy a drink while on the move. At Perth, on Wednesday, Sheriff Stuart Kernack was asked to decide whether coach passengers were entitled to the same facility.

The case followed a midnight police pounce on a long-distance luxury coach — fitted with its own bar — which was flagged down in Perth. Members of Pendle ski club from Clitheroe, who were heading for the Cairngorms, were astonished when police confiscated the contents of the bar.

Hicks Coaches, of Blackburn Road, Accrington, Lancs, were charged with carrying six bottles of spirits and 141 cans of beer on the vehicle; and trafficking in liquor without holding an appropriate licence. They pleaded not guilty.

Foreman-driver John Woollam, of Shear Brow, Blackburn, Lancs, who was alleged to have been in charge, denied supplying drink to passengers without holding a licence.

PC B. Donaldson, of Perthshire police, said he was surprised to see a gantry of spirits in the rear of the bus as it passed his patrol car. When he gave chase he saw a man standing beside the gantry pouring amber coloured liquid, with froth on top, into two glasses.

When he overtook and stopped the bus, he found that it had an L-shaped bar equipped with various kinds of spirits, beer and soft drinks.

Insurance broker, Brian Greenhalgh, 33, of Greymount Road, Bury, who was one of the passengers, said that he bought drink from the bar during the journey and had some left when the police came aboard. But he was playing cards and relaxing and did not notice if the bar had closed before the bus crossed the Border.

Sgt. D. George, of Lancashire police, said that when he cautioned Mr Peter Hicks, general manager of the company, he replied that before equipping his buses with bars he had been legally advised that there was nothing in the licensing laws which stated that this was not permitted. He added: "The type of passenger travelling on this route doesn't do so for the liquor, which is only provided as a service together with food and beverages."

Defence lawyer Mr A. R. Porteous, argued that buses did not come under the jurisdiction of local licensing courts as they did not constitute a fixed place. He added that he had been unable to find a record of any similar prosecution this century.

Mr Forbes Gibb, prosecuting, claimed that it would be against public policy to allow buses to have bars which were not subject to any controlling authority.

The sheriff said he would give his verdict next Tuesday.