Another bid to stop cheap supermarket alcohol in Scotland by arguing that the deals break licensing laws has failed.
Trade chief Ramsay McGhee managed to secure a licence review of Tesco in Dingwall, in the Highlands, but it was unanimously rejected by the Highland Licensing Board.
McGhee, area manager for the Inverness, Highlands and islands area of the Scottish Licensed Trade Association, argued that the store breached a mandatory condition in Scotland's Licensing Act banning promotions that encourage people to consume more than they intended.
McGhee's application, seen by the Morning Advertiser, says Tesco does this through "heavy price discounts on case quantities...special promotions and through incremental discounts".
For example, selling 30 cans for £16, the equivalent of 23 pints for 69p per pint.
McGhee also argued that unlike in a pub, Tesco shoppers can't buy products in single units or measures, so customers buy more than intended.
The application says there's been "considerable disquiet" that when the on-trade has "never been better equipped to manage the sale and consumption of alcohol", supermarkets are "allowed to ignore their true responsibilities".
At the hearing, Robert Skinner, representing the local Tesco manager Jonathan Merriman, stressed that the Licensing Act grants no powers to take action on drinks pricing, only alcohol promotions.
McGhee told the MA that the Licensing Board gave no reason for their decision - this will be provided in writing at a later date.
He hoped this would clarify whether the promotions ban can be used against the off-trade in practice.
McGhee was "disappointed but not downhearted" by the ruling. McGhee said he plans to contact every local MSP, calling for the law against supermarket promotions to be tightened up in the Crime and Justice Bill.
In March, Fife licensee Jeff Ellis failed in his second attempt to secure licence reviews of local Tesco and Morrisons stores on the grounds that they broke the public health licensing objective - an extra objective in Scotland.
McGhee said he was "tempted" to use this argument in his application - but feared it could "muddy the waters".