THOMAS MELVILLE v. CITY OF GLASGOW LICENSING BOARD

[1] This is an appeal under section 131(1) of the Licensing (Scotland) Act 2005 ("the 2005 Act"). The pursuer appeals against the decision of the City of Glasgow Licensing Board ("the defender") on 19 March 2012 to suspend the pursuer's premises licence (for the premises known as The Blochairn Bar, 269 Blochairn Road, Glasgow, sometimes referred to as "The Budgie"). The suspension was for a period of one week.

[2] The suspension arose as follows. The Chief Constable of Strathclyde Police applied to the defender for a review of the premises licence, in terms of section 36(1) & (3)(b) of the 2005 Act. In short, the Chief Constable alleged that on 30 October 2011 the pursuer's employee had sold alcohol to customers outwith the permitted licensing hours (namely at 12.20 pm, 10 minutes before the permitted opening time at 12.30 pm).

[4] The pursuer alleged that the attending police officers were wrong about the time. The pursuer claimed that the police officers had entered the premises within the permitted licensing hours (namely at 12.35 pm, 5 minutes after the opening time at 12.30pm).

[5] Having heard submissions, but without hearing oral evidence, the defender found the ground for review established. On 19 March 2012, the defender ordered that the pursuer's licence be suspended for one week, commencing at 11.00 am on Tuesday, 20 March 2012.

[6] The pursuer appealed against the Board's decision. On 21 March 2012, having heard parties on the pursuer's motion for an interim order under section 132(8) of the 2005 Act, the Sheriff Principal ad interim recalled the defenders' decision until further order of Court.