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11
Apr
2011

BP Oil (UK) Ltd v Glasgow and Edinburgh Licensing Boards

Sir Menzies Campbell MP QC and James Findlay of Terra Firma were successful before the Inner House in four related appeals,  all of which concerned the ability of BP Oil (UK) Ltd to obtain licences for shops at its petrol stations in both Glasgow and Edinburgh.  Before the Sheriff courts, BP had succeeded in Glasgow but not in Edinburgh and was thus both appellant and respondent.  The appeals raised two main points – one concerning the commencement  of the Licensing Act, the other the proper approach to the provision which provides for alcohol licences at petrol stations – whether or not premises are “excluded premises”.  BP succeeded on both points, and upheld the Glasgow Sheriff’s decisions and overturned the Edinburgh ones.  The Inner House, whose Opinion was delivered by Lord Eassie, was also critical of the Boards’ approach to market research evidence,  of the reasoning in the Edinburgh cases and of the fairness of the Glasgow Board’s approach in one of its cases.  It directed that three licences be granted to BP whilst the fourth licence application was to be reconsidered in the light of its opinion.  Douglas Armstrong QC and Mrs. Wolffe QC also appeared.

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