Wetherspoon inch closer to first pint in Prestwick

Oct 14 2011 by Stuart Wilson, Ayrshire Post (main ed)

IT’S been dubbed the “Prestwick Decision”.

And the latest chapter of a pub’s battle to open in the town has been played out amid a dramatic legal setting.

Now J D Wetherspoon, which wants to roll out its latest bar in the Main Street, has edged ahead in its battle with Ayrshire chain Buzzworks.

After a Court of Session judge ruled the original decision by South Ayrshire’s licensing board to be improper, the two rivals were back at County Buildings to lock horns once again.

Wetherspoon, who had its first application for a license granted last year, was challenged on the grounds of over-provision.

And while council chiefs had claimed they couldn’t use that as a valid reason for refusal, they were ordered by the judge in Edinburgh to think again.

So it was back to county chambers, where the two parties made their extensive pitches, backed up by legal teams arguing the case.

The Buzzworks case centred on the arguement for over-provision in the town centre, with Wetherspoon’s pub set to add a further 481 drinking spaces.

And a string of objectors lined up to voice their concerns that the town could, and should not, become swamped with drinking establishments.

Prestwick councillor Hugh Hunter, who was among the objectors, said: “If Wetherspoon are to get the go-ahead, Prestwick will have a drinking capacity of more than 2000 in a town with under 12,000 voters.

“It’s already very well provided for and has developed a niche market over the last few years.

“I can well understand why Wetherspoon want to be there, but in my mind it would be extreme over-provision.”

Prestwick North Community Council added its voice to the dissenters, while lawyer Graham McKinstry, speaking on behald of the Smugglers Bar, was straight to the point.

He said: “Rarely has this board been in such a spotlight.

“The question is whether this application will take Prestwick to a tipping point in terms of licensed premises.

“Effectively what you’re going to get is an alcohol cash and carry – without the carry.”

Wetherspoon, who argued that its pub model stood up to scrutiny around the country, was then forced to endure a four hour wait while the board made its decision.

And when it returned, it came down in favour of the UK giant.

Chair Douglas Campbell said: “In coming to our determination the licensing board considered, at length and in great detail, all the evidence supplied by the applicants and objectors.

“We also took account of the board’s policy statement and Scottish government guidance, to ensure the application met the board’s aims and objectives.

“There are five grounds on which an application might be refused.

“We came to a view that the application did not present anything inconsistent with any of the licensing objectives.”

Councillor Campbell continued: “In particular, the board gave very close scrutiny to the potential for over-provision of licensed premises in Prestwick.

“To ensure we compared like with like, we widened the scope of our consideration to include licensed premises at Prestwick Cross and excluded those premises which did not serve food and off-sales.

“We came to a determination that Prestwick is a tourist town which serves a wider community, including Prestwick International Airport and, with that as the context, we did not consider there was an over-provision of licensed premises, or licensed premises of the same or similar description, in the town.”

Buzzworks is now expected to appeal the decision and send it back to the Court of Session.

Their director, Kenny Blair, said: “We have no comment to make until we examine the board’s written statement of reasons for its decision.”