Safeway Stores Plc v City Of Glasgow Licensing Board [2001] ScotCS 177 (4 July 2001)

Safeway Stores Plc v City Of Glasgow Licensing Board [2001] ScotCS 177 (4 July 2001)

The Board failed to provide adequate or comprehensible reasons for refusal under section 17(1)(b); the premises were not essentially petrol stations with ancillary shops, and there was no basis for regarding the sale of alcohol as contrary to public policy or the statutory ground. The applications should have been granted.

Citation
[2001] ScotCS 177
Parties
Appellant and Respondent: Safeway Stores plc; Respondent and Appellant: City of Glasgow Licensing Board
Jurisdiction
Scotland
Judgment Date
04 July 2001
Procedural Posture
Appeal Under Licensing (scotland) Act 1976 / Appeal From Sheriff to Court of Session
Outcome
Appeal refused; sheriff's decision upheld.
Legal Topics
Licensing of Alcohol Sales, Suitability of Premises for Alcohol Sales, Policy Discretion of Licensing Boards, Interpretation of Licensing (scotland) Act 1976 Section 17(1)(b)
Administrative Law Licensing Law Licensing of Alcohol Sales Suitability of Premises for Alcohol Sales Policy Discretion of Licensing Boards Interpretation of Licensing (scotland) Act 1976 Section 17(1)(b)

Case Brief

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Parties

Safeway Stores plc

Appellant and Respondent

City of Glasgow Licensing Board

Respondent and Appellant

Procedural Posture

Appeal Under Licensing (scotland) Act 1976 / Appeal From Sheriff to Court of Session

Legal Issues

  1. 1 Whether the Board's refusal of off-sales licences for premises combining a petrol station and a grocery store was justified under section 17(1)(b) of the Licensing (Scotland) Act 1976
  2. 2 Whether the Board's reasoning and policy were adequately explained and lawfully applied

Ratio Decidendi

The Board failed to provide adequate or comprehensible reasons for refusal under section 17(1)(b); the premises were not essentially petrol stations with ancillary shops, and there was no basis for regarding the sale of alcohol as contrary to public policy or the statutory ground. The applications should have been granted.

Court Disposition

Appeal refused; sheriff's decision upheld.

Orders

  • Applications for provisional grant of new off-sales licences for both premises granted.