A Peterhead nightclub has successfully overturned licensing restrictions after a legal battle at Aberdeen Sheriff Court. Clara House Ltd, operators of Caley Bar/Bar 57, had faced a reduction in trading hours to 2am and the imposition of a midnight curfew following a review by the Aberdeenshire Licensing Board in October 2024.
Represented by Stephen McGowan, a partner at TLT, and advocate Scott Blair of Terra Firma Chambers, the licence holders challenged the board’s decision. The appeal was heard before Sheriff Principal Pyle, who delivered an ex tempore decision, meaning the ruling was given immediately rather than reserved for a later date.
In his judgment, Sheriff Principal Pyle found that the licensing board had acted unlawfully in several key respects. He agreed with the arguments advanced by the nightclub’s legal team, notably that the board had “run out of intellectual steam” in its reasoning. The Sheriff Principal was critical of the board’s failure to seek the views of the licence holder’s agent during discussions about the proposed curfew as a sanction. Furthermore, he noted that the board had not explained why it accepted the police’s account of certain alleged incidents over the version presented by the licence holder’s agent.
The court was also dissatisfied with the board’s lack of explanation as to why the curfew and reduction in hours were considered either appropriate or necessary. As a result, Sheriff Principal Pyle ordered that the licensing board must rehear the review application de novo, meaning the case will be considered afresh, as if for the first time.
A new hearing before the Aberdeenshire Licensing Board will be scheduled in due course, giving Caley Bar/Bar 57 another opportunity to contest the restrictions on its licence.
Picture: Stephen McGowan, TLT