Scotland - Edinburgh - and 'over provision' of off licences in particular?

The 2013 Edinburgh Licensing Policy asserts that there is over provision of off-licences in certain specified areas of the City with the usual presumption against grant.

We had the good fortune to be appearing before the Edinburgh Licensing Board on Monday of this week, but the less good fortune to be last on the list!  This did however give us the opportunity to listen to the majority of the business being transacted before the Board, including two hotly contested new off licence applications in the overprovision area (one for a Co-op and the other for Sainsbury’s).

What was interesting (at least to us) was that both applications were finally granted but on a 5:3 split vote.  The minority view was that having adopted the policy and with strong objection from the Police and the health lobby (and others) the policy should be strictly applied and the applications refused. Otherwise what was the point of the policy so recently adopted?

The majority view, led by the Convenor, was that notwithstanding the policy he could not see what possible impact the proposed premises would have in aggravating the perceived health problems which led to the adoption of the policy in the first place.  Comment was also passed that the legal advice was that their policy could not withstand challenge if appealed.

Where this leaves that policy is a moot point; but the applications did enliven an otherwise long morning.

PS – we were successful in our own new build application as well.