News Release

Board successfully defends important licensing case

5th February 2010

Aberdeenshire South Licensing Board has successfully defended a court action by a supermarket giant which disputed its position on “duty to trade”.

An operating plan submitted by Morrisons when it applied for permission for a store at North Deeside Road, Banchory stated it would open from 10am until 10pm.

But the supermarket was closing at 8pm and the board felt that asking for a licence until ten would be contrary to the so-called “duty to trade”, by asking to sell alcohol for longer than the store is open.

A petition for judicial review was raised against the South Aberdeenshire Divisional Licensing Board by William Morrison Supermarkets in the Court of Session.

The petition related to the “duty to trade” argument and the petitioners were seeking declarator from the court that there is no duty to trade.

The case was heard on January 28 and 29, when Lord Brailsford dismissed the petition after hearing submissions on the competency of the case.

“The judge referred to the fact that the court had always been hesitant to interfere where there are no lives issues between parties and furthermore where there is an alternative legal route or jurisdiction to address the issues raised,” said Aberdeenshire South Licensing Board convener Carl Nelson.

“On this basis he found it to be inappropriate and wrong to intervene in this case and awarded expenses in the licensing board’s favour.

“The issue of 'duty to trade', or not, remains to be decided upon as case law comes through the courts, where appeals are taken against actual decisions taken on this matter by any board.

“The board feels this is the best and most appropriate way for this to be resolved.”

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