ROC UK LTD v City Of Edinburgh Licensing Board

This is an appeal against a decision of the City of Edinburgh Licensing Board to refuse an application made under section 20 of the Licensing ( Scotland ) Act 2005 by ROC (UK) Limited (hereinafter referred to as "the appellants") for a "premises license" in respect of premises at 23 Canonmills, Edinburgh.

As is narrated in paragraph 3(a) of the Stated Case, the premises in question are operated as a small retail shop/petrol filling station as part of the ROC chain which is the retail division of ESSO petroleum company. Alcohol has hitherto been sold under an off-sales license granted by the Board under the provisions of the Licensing ( Scotland ) Act 1976 which conferred a discretion on licensing authorities to grant off-sales licenses to garage forecourt shops.

(1) That apart from petrol or derv the premises provided amongst other products a wide range of basic groceries.

(2) The premises are in a city location, have held a license since the 70s and are well used for petrol, derv and groceries by a wide customer base, including local residents.

(3) The (agent for the appellants) circulated to the Board a petition and maps suggesting that these indicated that the premises were relied upon to a significant extent by local residents as the principal source of petrol and groceries. The petition which took the form of a questionnaire had been signed by local residents.