References: [2001] ScotCS 121, 2001 SC 957
Links: Bailii, ScotC
The reporter’s decision that a licensed restaurant constituted ‘similar licensed premises’ to a public house, within the meaning of a policy, was vitiated by her misunderstanding of the policy: the context was one in which a distinction was drawn between public houses, wine bars and the like, on the one hand, and restaurants, on the other.
This case is cited by:
- Cited – Tesco Stores Ltd -v- Dundee City Council SC (Bailii, [2012] UKSC 13, UKSC 2011/0079, SC Summary, SC, Bailii Summary, [2012] PTSR 983, [2012] 13 EG 91, 2012 GWD 12-235)
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not . .