Some of the biggest names in retail have been denied increased space to sell alcohol in the most significant action taken yet under Scotland’s new licensing laws.
Tesco, Asda, Sainsbury’s, Morrisons, the Co-op and Marks & Spencer have all been refused permission to expand store space for the sale of alcohol at 13 sites across Glasgow.
The controversial action has been taken by the city’s licensing chiefs using powerful new legislation that came into effect last September.
It is being seen as the most radical interpretation of the health objectives underpinning the new laws, and is expected to see the local authority face a raft of costly court appeals.
The bids were turned down because the retailers could not prove their plans would promote public health – one of five objectives behind the new legislation.
No other board in Scotland has taken the approach on such a scale and although several areas have threatened a ban on supermarket deals, none has yet materialised.
It will almost certainly trigger a salvo of court challenges from some of the UK’s wealthiest corporations, which could cost the authority in excess of £100,000 in legal fees.
One trade source said: “We’re talking Asda/Walmart here and Tesco, world league players with very deep pockets. These decisions are taken in the context of very wide-ranging objectives and are open to challenges.
“There’s good grounds that they were refused not against any legal context but on the perceptions of councillors concerned about alcohol abuse in their own areas. Larger displays don’t mean people drink more.”
Glasgow’s move comes as Sir Terry Leahy, Tesco’s chief executive, endorsed the UK Government’s commitment to act on below-cost selling of alcohol and said he would support future discussions on minimum pricing.
Supermarkets sell more than 50% of all alcohol in the UK. Under the Licensing (Scotland) Act 2005 any bar, off-sales, supermarket or hotel selling alcohol must provide a floor plan of exactly where on the premises it will be sold and apply to the local board if they want to amend it.
One store, a Co-op on Paisley Road West, applied for a 3m sq increase, roughly one medium-sized shelf, and was knocked back while another, a Sainsbury’s in Darnley, wanted to double the size of the store while increasing the alcohol area proportionately less than the rest of the shop and was also refused.
High-profile stores denied increased space include the Morrisons stores at Partick, Newlands and The Fort, Asda at Toryglen, The Forge, Robroyston and Summerston, Tesco Extra in Shettleston and two smaller outlets in Shawlands and Maryhill, and Marks & Spencer on Bothwell Street.
On Friday the board appeared to get cold feet about the bold move and postponed a decision on five further large stores, including Asda at Govan, Tesco at Silverburn and Sainsbury’s at Buchanan Galleries, Crow Road and Great Western Road.
Muir said: “The individual merits of every application is looked at before the board takes a decision.”
Gavin Partington of the Wine and Spirits Trade Association said: “These decisions by Glasgow Licensing Board are wrong and show how licensing laws are being misinterpreted. Crucially, these decisions will not curb problem drinking in the city, which is more likely to be addressed through tough enforcement of existing laws, rather than the creation of new ones.”
The Scottish Grocers’ Federation, which represents smaller retailers, said its membership often invested heavily in store redesign and while councils wanted to be seen doing the right thing, “wholesale decisions like these fly in the face of common sense”.
Last year Justice Secretary Kenny MacAskill urged local authorities to use the Act to its full effect, warning against “an ultra-cautious approach”.
A Scottish Government spokesman said: “It is a matter for licensing boards to judge each application on its merits in line with licensing boards’ policy statements and the licensing objectives of preventing crime, disorder and public nuisance, securing public safety, protecting children from harm and protecting and improving public health.”






















