Tesco store in Dalkeith wins booze ban appeal

Midlothian Licensing Board has suffered a humiliating court defeat at the hands of Tesco.

As reported by the Advertiser at the time, the board suspended alcohol sales at the Hardengreen superstore on December 15.

The hearing was held at the request of Lothian and Borders Police after the store failed a single test purchase on July 21, when a 16-year-old youth purchased two bottles of beer.

The 48-hour ban was due to start at midnight on December 15. But an eleventh-hour legal action saw alcohol sales resume the following day, with Tesco launching an appeal against the board’s decision.

Now it has emerged that the appeal, heard at Edinburgh Sheriff Court earlier this year, was upheld by Sheriff Principal Mhairi Stephen.

Her judgement was made in April and featured in last month’s Journal of the Law Society of Scotland.

The Advertiser obtained a copy of the findings this week.

The judgement quashes the 48-hour suspension, and is heavily critical of the licensing board.

Read full story in the August 9 edition of the Midlothian Advertiser.