Skull wrote:
He is currently behind the Taylor licence application and opines that this will succeed to the detriment of every area in Scotland which restricts numbers.
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I think Mr Taylor would be a little miffed at the suggestion that I was behind his current appeal. Mr Taylor's efforts in this appeal are all of his own making. The fact that I support his appeal is academic, the simple fact is that Mr Taylor has his own team behind him and any advice I might give him is neither here nor there?
The point I raised relates to the consequences of measuring demand. CEC refused Mr Taylor's application on supposed evidence that pointed to no unmet demand. If Mr Taylor wins his appeal of which I am extremely confident that he will then the question of the quality of regular or interim demand observations will be at the forefront of the successful appeal. In short this means every restricted authority in Scotland will have to question their method of demand observations to make sure they meet the required standards which I fully expect the sheriff court to set out.
Just how far the applicants would have got without my submission is anyones guess, therefore I'm not going to harp on about my submission?
The appeals Mr Alan G refers to were given short shrift by the court of session who said what I and many others have always said and that is there is no provision in Scottish law that allows for an extension of time beyond the six month statutory process in order for a council to wait on a survey of demand and that is basically all the Sheriffs court had to determine in every case that came before them
I might add this was adequately pointed out in the submission placed before the courts by two of the applicants.
Therefor, what came out of these appeals is the precedent that awaiting a survey of demand is not a "good reason" to be granted an extension of time. This means no other council in Scotland can use this excuse as a reason to delay a license application. Considering restricted councils have no other weapon left in their arsenal to use as an excuse for an extension of time then normal circumstances permitting license applications must be disposed of within six months.
I think that is a momentous precedent and one which I predicted would come about.
I am making the same prediction with regard to unmet demand observations, should Mr Taylor win his appeal?
If he does win his appeal then it will be the fault of Edinburgh council for not doing their job correctly. However the floodgates in Edinburgh will be open if such a scenario does happen and the responsibility for that lies firmly at the door of Edinburgh council.
By the way Mr G, wrong initials, wrong name, keep on guessing.
lol
Regards
JD