NEWS: Scott Blair secures landmark licensing ruling

Posted On: 27 September 2010

In what is believed to be the first decision of its kind under the Licensing (Scotland) Act 2005, Scott secured a successful outcome for the Board in Drinkcafe Ltd v City of Glasgow Licensing Board. There the Board refused an application to vary the hours of opening of a West End nightclub from 2am to 3am. City Centre entertainment style premises enjoy 3am opening under Board policy, West End premises have 2am. The Herald has suggested that this is a landmark ruling which will have important implications for the trade and Licensing Boards. (see Herald article)

The appellants argued that the Board were not entitled to refuse the application on the grounds that to grant it would breach the licensing objectives of prevention of crime and disorder and prevention of public nuisance. They argued that as there was no evidence that the premises did cause any of such problems that the licensing objectives were not engaged and that policy alone was not a proper basis for refusal. By accepting the submissions advanced by Scott, Sheriff Craig Scott accepted that under the Licensing (Scotland) Act 2005, a licensing board was entitled to refuse an application for variation of hours on policy grounds even where there was no actual evidence of disorder or nuisance.

Taking account of the policy decision that different terminal hours were justified in different parts of Glasgow, he held that the decision of the Board could be justified on the basis that in policy terms the Board could decide whether late opening in one part of the city could have a knock-on effect on the control of crime and disorder or nuisance in other parts of the city such that the objectives were engaged. For a copy of the judgment click here [pdf-173kB].