At Hamilton Sheriff Vincent Smith upheld an appeal argued by Scott on behalf of snack van operators who had been barred by North Lanarkshire Council from trading within 250 metres of secondary schools. The basis of the restriction was the claim that this would help tackle childhood obesity and encourage the taking of school meals. Sheriff Smith agreed with Scott that this was an unlawful attempt to impose food quality standards on street traders, something which the Civic Government (Scotland) Act 1982 did not permit. As around half of Scottish local authorities operate similar controls the decision could have implications throughout Scotland. North Lanarkshire Council was represented by Robert Skinner of Terra Firma Chambers.
A copy of the judgment can be obtained by emailing Scott on scott.blair@terrafirmachambers.com or a member of his clerking team, clerks@terrafirmachambers.com