Council attempts to force venue open later to sell alcohol

A council's bid to force a supermarket to stay open for all of the hours of its licence could have wide-reaching implications for the trade.

Legal chiefs from Aberdeenshire Council want Morrisons to keep a shop in Banchory open until 10pm but store chiefs want the flexibility to close earlier.

Lawyers say the case - due to be heard at the Court of Session next month - should settle an ambiguity in the Licensing Act.

John Loudon, consultant to Lindsays soliticors, said: "My view, one shared by almost all licensing lawyers, is that there's no requirement to trade the full hours applied for - it's only common sense.

"If this went ahead it would bring ruin to countless businesses. Can you imagine a small licensed restaurant in rural Fife forced to trade all night in the depths of winter, at a time when there would be little or no custom?"

Janet Hood, head of BII Scotland, also a licensing lawyer, said: "There is no duty to trade. The store has decided not to sell alcohol beyond 9pm, and that is that - it doesn't then have to stay open.

"This would be an utter nightmare if the council's argument was borne out."

She added: "It is lunacy - does it mean that if you said in your operating plan that you wanted to host weddings you would have to force someone to get married if nobody made a booking?"

Scottish Beer and Pub Association chief executive Patrick Browne said: "The Scottish government have been sending out mixed messages on this sort of issue. If you want something in the legislation it has to be written in - and this isn't."

The council and Morrisons confirmed the case is active but made no other statement.