NEWS: Overprovision Licensing Success for Scott Blair

Posted On: 09 September 2011

Scott Blair has had another licensing success in a judicial review brought against the decision of South Ayrshire Licensing Board to grant a premises licence to J.D. Wetherspoon plc for premises in Prestwick. The case has clarified how overprovision is to be considered by Licensing Boards under the Licensing (Scotland) Act 2005. The application for a licence for premises in the style of a 'super pub' was subject to much local opposition. Notwithstanding the size and capacity of the premises the Board decided that the grant of a licence would not amount to overprovision under the Licensing (Scotland) Act 2005. Scott's clients Buzzworks Leisure Limited decided to challenge the decision. In an Opinion issued on 2 September 2011 Temporary Judge Morag Wise QC held that the Board had both failed to give adequate reasons for the decision and that the wrong test had been applied in approaching the question of overprovision. The reasoning of the Judge mirrored the concerns that Scott had raised with his clients in the advice he gave them before they decided to embark on court action. Scott was instructed along with Sir Crispin Agnew QC by Andrew Williams of Gillespie Macandrew. To read the Opinion please click here.