Licensing Board will not challenge appeal against Inverness betting premises refusal

The members of the Highland Licensing Board have agreed that the appeal by William Hill against the Board’s refusal of their application for a betting premises licence at 1A Pumpgate Street, Inverness, should be conceded.

This decision has been taken following receipt of legal advice that there was no basis on which to defend the assertions in the appeal that the Board had acted contrary to natural justice or that it had reached its decision without adequate evidence to support that decision.

The Board had originally refused the application because of the proximity of the proposed betting premises to the social enterprise “For the Right Reasons” on Grant Street, an enterprise which supports people trying to free themselves from drug or alcohol addiction.  The Board considered these were vulnerable people and that the additional betting premises proposed would add an additional source of temptation to gamble, thereby increasing their risk of exposure to harm from gambling.

At the hearing before the Board, however, the representative of William Hill was given no opportunity to comment on the proposal to refuse the application on this ground before the Board proceeded to refuse.  It is accepted that this was a breach of natural justice.

It is also accepted by the Board that there was no evidence before the Board to suggest that there was a likelihood or probability of the harm from gambling they thought it possible might occur.  This aspect of the reason for refusal had therefore been based on speculation, and would be held, therefore to be unreasonable.

William Hill’s solicitors have been advised of the Board’s intention to concede the appeal on this basis.  Moreover, as there was no other evidence before the Board at the original hearing which would have justified refusal of the application on any other ground, the Board has conceded that the Sheriff would be entitled to grant the application.