Scots licensee fails in cheap supermaket booze battle

A licensee who tried to get two supermarket licences revoked for selling alcohol so cheaply has had his case thrown out for the second time.

Jeff Ellis, of the Bear Tavern in Fife, re-submitted his application for review earlier this month on the grounds that promotions by Tesco and Morrisons caused a risk to public health — an extra licensing objective in Scotland.

Senior licensing standards officer Douglas Hardacre said the challenge of irresponsible promotions was valid, but the application failed to prove the point. Ellis lost the case by a vote of six to three.

Robert Skinner QC, who represented Tesco and Morrisons at the hearing with Jack Cummins of Hill Brown, said the application was an "inappropriate" use of the Licensing Scotland 2005 Act.

He said the health objective was never intended to be applied to the off trade.

Ellis claimed Skinner "misconstrued" his case as an argument for minimum pricing due to the drop in his pub's trade — he estimated a 60% drop in turnover since 2006.

"I am not disappointed with the outcome," said Ellis. "I think it is the best I could have hoped for. My presentation was clearly stronger than the QC anticipated."

Ellis does not wish to take the case further as the next stage would risk incurring legal costs.

"I have no idea what is going to happen now but I'm sure that something will. I think there are ways to deal with it without new legislation."

Ellis has offered to provide the case paperwork for interested licensees. Email him at wrss.ryyvf@gvfpnyv.pb.hx​.