An Angus pub which won a court battle over a bid to offer 2am weekend drinking has made a u-turn on the idea.
In March, Bar 1320 in Arbroath had an application to extend its closing time on Friday and Saturday nights rejected by Angus licensing board.
The Millgate bar wanted to follow other premises in Kirriemuir and Forfar which were given the licence extension.
Bid broke existing policy
Current Angus policy is for pubs to close at 1am at the weekend.
But the board previously relaxed the rules for some premises to help the hospitality trade recover from the pandemic.
However, they voted against the Bar 1320 bid after Police Scotland objected to the application.
It voiced concerns over the potential for anti-social behaviour in the early hours.
But the bar’s solicitor said there had been no complaints about the premises.
Court challenge
The pub challenged the decision at Forfar Sheriff Court.
The basis of the appeal was that the board’s refusal was based on an error in law and incorrect material fact.
And the bar claimed the board had unreasonably exercised its discretion in the matter.
After taking legal advice, the council decided not to challenge the appeal.
And it agreed to pay the pub’s expenses in the case.
Former licensing board convener Craig Fotheringham suggested the court case could force a rethink of the current 1am closing policy.
The decision meant Bar 1320 was able to come back to the latest meeting of the board this week for the 2am opening application to be discussed.
It would likely have been approved in light of the court ruling.
But members were told the application had been withdrawn.
Licensee Shahzaz Din was contacted for comment but did not respond.
De Vito’s 3:30am plan defeated
The u-turn comes after the board blocked De Vito’s nightclub in the same street from opening until 3.30am on Friday and Saturday nights.
It said it wanted to see the extra hour between pubs and nightclubs maintained.
But new licensing board chairman and Arbroath councillor Brenda Durno used her casting vote to refuse the application.
She said she didn’t want to see drinkers coming out onto the streets of Arbroath at quarter to four in the morning.
