Edinburgh pubs fight council over capacity clampdown

Pub operators in Edinburgh have launched a legal fightback against the council over its bid to cut the capacity of venues that don't have enough female toilets.

Three pubs in the city have initiated judicial reviews over Edinburgh City Council's policy, which says venues must have one toilet for every 30 customers.

However the new regulations, part of the Licensing Act, do not factor in that some pubs attract predominantly male customers.

The Pear Tree - owned by pub group Caledonian Heritable - was the first venue to have its case heard last week after having its capacity cut from 412 to 200.

No decision was made by the court, but a final verdict is due in October when the case resumes.

However it is understood the Pear Tree - which has three female toilets - will be allowed to operate at full capacity while the case is pending.

Meanwhile, two other pubs, Clark's Bar and the Ormelie Bar are due to have their cases heard tomorrow at Edinburgh's Court of Session.

Paul Waterson, chief executive of the Scottish Licensed Trade Association, said the restrictions on pubs' capacities were "very unfair".

"These premises cannot increase their capacity because of their physical make-up and they are old buildings," he said. "We were told before the Act came in this would not happen. There needs to be a bit of common sense involved."

A spokeswoman for Edinburgh City Council said: "The city's licensing board is committed to ensuring that premises meet appropriate public expectations for the present day."

Glasgow licensing board was proposing similar restrictions last year, but backed down after facing opposition from the Scottish Beer & Pub Association.