BP Express Shopping Ltd v. Perth And Kinross Licensing Board [2005] ScotCS CSIH_61 (12 August 2005)

BP Express Shopping Ltd v. Perth And Kinross Licensing Board [2005] ScotCS CSIH_61 (12 August 2005)

The Board was entitled to conclude, based on the evidence of sales and customer use, that the premises were predominantly a filling station, justifying refusal of the off-sales licence to support government policy against drinking and driving.

Citation
[2005] ScotCS CSIH_61
Parties
Pursuer and Respondent: BP Express Shopping Ltd; Defender and Appellant: Perth and Kinross Licensing Board
Jurisdiction
Scotland
Judgment Date
12 August 2005
Procedural Posture
Appeal / Inner House, Court of Session, From Sheriffdom Decision
Outcome
Appeal allowed; sheriff's decision overturned; Board's refusal reinstated.
Legal Topics
Off Sales Licence, Suitability of Premises, Predominant Use, Government Policy on Drink Driving
Licensing Law Administrative Law Off Sales Licence Suitability of Premises Predominant Use Government Policy on Drink Driving

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

BP Express Shopping Ltd

Pursuer and Respondent

Perth and Kinross Licensing Board

Defender and Appellant

Procedural Posture

Appeal / Inner House, Court of Session, From Sheriffdom Decision

Legal Issues

  1. 1 Whether the premises were predominantly a filling station or a shop
  2. 2 Whether the Board was entitled to refuse an off-sales licence based on the nature of the premises

Ratio Decidendi

The Board was entitled to conclude, based on the evidence of sales and customer use, that the premises were predominantly a filling station, justifying refusal of the off-sales licence to support government policy against drinking and driving.

Court Disposition

Appeal allowed; sheriff's decision overturned; Board's refusal reinstated.

Orders

  • Appeal by Perth and Kinross Licensing Board allowed
  • Sheriff's decision granting BP's application overturned