Kirk Harrison against Aberdeen City Council (Sheriff Court Civil) [2026] SCABE 18 (18 December 2025)

Kirk Harrison against Aberdeen City Council (Sheriff Court Civil) [2026] SCABE 18 (18 December 2025)

The licensing committee was entitled to conclude that the premises were not suitable for a short-term let having regard to the possibility of undue public nuisance, based on concerns about waste management and parking, and the absence of adequate management procedures. The committee did not err in law or exercise its discretion unreasonably.

Citation
[2026] SCABE 18
Parties
Pursuer: Kirk Harrison; Defender: Aberdeen City Council
Jurisdiction
Scotland
Judgment Date
18 December 2025
Procedural Posture
Summary Application (statutory Appeal) / Judgment After Hearing on Merits of Appeal
Outcome
Appeal refused
Legal Topics
Short Term Let Licensing, Public Nuisance, Statutory Appeals, Local Authority Discretion
Administrative Law Licensing Law Short Term Let Licensing Public Nuisance Statutory Appeals Local Authority Discretion

Case Brief

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Parties

Kirk Harrison

Pursuer

Aberdeen City Council

Defender

Procedural Posture

Summary Application (statutory Appeal) / Judgment After Hearing on Merits of Appeal

Legal Issues

  1. 1 Whether the licensing committee erred in law in refusing a short-term let licence on grounds of undue public nuisance
  2. 2 Whether the licensing committee exercised its discretion unreasonably in refusing the application

Ratio Decidendi

The licensing committee was entitled to conclude that the premises were not suitable for a short-term let having regard to the possibility of undue public nuisance, based on concerns about waste management and parking, and the absence of adequate management procedures. The committee did not err in law or exercise its discretion unreasonably.

Court Disposition

Appeal refused

Orders

  • Repels the pursuer's plea in law
  • Repels the defender's first and second pleas in law for want of insistence