Scotland - public health causal link 'required'

We have been alerted to a recent appeal court decision in which the Sheriff determined that a Licensing Board must find a causal link between the application to be determined and a finding that an increase in the availability of alcohol would lead to increased consumption and consequently health harm.

In ‘Martin McColl ltd v Aberdeen City Licensing Board’ (30 November 2016), where a licence application for a limited off licence provision in a convenience store had attracted ‘public health’ objections, and which application was initially refused, the Sheriff indicated that it was difficult to reconcile the Board’s view that the application would not result in overprovision of facilities for the sale of alcohol with the position that that the sale of alcohol at the same premises would result in a detriment to public health.

The Sheriff went on to say that if the Board wish to refuse an application based upon licensing objectives then they must specify in what way the grant of the application would be inconsistent with such objectives. They cannot simply state that the existence of an additional licence will – in itself – be inconsistent with the licensing objectives. In a case such as this, they require therefore to set out what it is about this particular application that leads to that conclusion. An example would be an application for premises where it was intended to sell large containers of cheap alcohol or undertake substantial price promotions. (Paragraph 25).

The Sheriff went onto to indicate that the Board had erred in law and that they did not set out as is necessary the factual basis for their decision, did not set a proper evidential basis for applying the specific breach of licensing objective and did not set out a  causal link between the grant of the application and a breach of the licensing objective. (Paragraph 26).

Source: SLLP