Police bid to close The Arches thrown out after it was ruled unlawful

Licensing chiefs in the city said Police Scotland’s use of ‘closure order’ legislation for only the second time in Glasgow could not apply in its attempt to close down The Arches as there had been no violent disorder in its complaint against the venue.

Lawyers for The Arches also successfully argued the police had erred twice, using the wrong legislation in its  request for the club’s licence to axed.

However, Police Scotland were told that if they made a fresh complaint under the correct laws it would be considered at the earliest opportunity.

The venue can continue to trade until such a time as a fresh review is held, most likely within the next few weeks.

It is the second time in a year Police Scotland has failed in its attempts to have the venue shut, following last year's death of a teenager who had taken drugs on the premises.

Had Police Scotland succeeded in its bid following incidents at the club last weekend, the entire Arches venues would have been affected, closing one of the country's leading arts venues. There would have been no right of appeal.

Police Scotland submitted a request for a closure order to the city's licensing board after 26 people at the venue on Saturday night were reported to the procurator fiscal for alleged drugs and alcohol offences. A member of staff is understood to be amongst those reported.

A 30-year-old woman was found inside the venue in the early hours of Sunday, it what the club said was an "alcohol related episode".

During the brief hearing, The Arches’ lawyer, advocate Robert Skinner, argued the police use of closure order law, which he said was expected to be applied in instances such as police intelligence on football disorder, was draconian as there was clearly no violence at the club.

Mr Skinner also claimed that the permanent closure of the venue would have led to the cancellation of activities unconnected to the running of the nightclub.

He said: “Police have confused and conflated the two wholly separate processes for premises reviews and closure orders.

“The effect of the closure order is to close the premises completely. The Arches also stages art shows, exhibitions and theatre.

"It has other functions than just a club and these events have no risk of disorder. Looking at the schedule you also events such as Robin Trower, the Behaviour Theatre and Creative Learning Festival, an exhibition by a local artist, a concert on behalf of Yorkhill Children’s Hospital. These events create not the slightest danger.

“This hearing must not be used to by-pass the normal procedures.”

He said that on the night in question "a tiny fraction of those attending were found in possession of drugs" following the application of "rigorous search policies" and and that there was "one woman who has drunk too much".

The 11 alcohol offences resulted from police searching clubbers in the street after they had been moved out of the venue by the force.

Mr Skinner added: "There is no evidence of any disorder. If anyone wishes to raise a complaint then they should so through the review procedures. You cannot bypass the act in this way. This procedure should stop right here.”

Police Scotland maintained its position when asked to respond by the licensing board, claiming the levels of drunkenness meant there was threat of disorder, adding the unconscious clubber was evidence its response had been proportionate.

Board chairman Bill Butler said: “After considering a preliminary motion from the licensee, the board was not satisfied that the closure order procedure was appropriate in this case.

“However, we recognise the serious concerns being raised by Police Scotland in relation to these premises.

“If an application is made for a review of this premises’ licence it will be prioritised by the board and considered at the earliest opportunity.”