McCluskey and others v North Lanarkshire Council

Local government – Licensing – Street traders. Sheriff Court: Reversing a licensing authority's decision to vary street trader licences it had granted to the pursuers which allowed them, within set hours, to sell hot and cold food from snack vans on designated sites, to include a condition prohibiting them from operating within 250 metres of secondary schools from 8am to 5pm on school days, which the pursuers all did, the court held that the condition was ultra vires as the defender did not have the power to impose that particular condition on the licences of street traders.

Category: