Dundee City Council won’t be appealing a sheriff’s decision to allow booze to be sold at a new supermarket, it has been revealed.
A spokeswoman for the council told the Tele that the council won’t challenge Sheriff Kevin Veal’s judgment.
He ruled that the new Aldi store at Myrekirk should be allowed to sell alcohol.
The decision not to appeal was taken at a recent meeting of the council’s licensing board.
In January, the board refused a bid for Aldi to have an alcohol aisle in its new store, due to a policy that says the city is over provided with booze outlets.
The policy meant there was a presumption that new drink sale licence applications would be refused, as would existing businesses trying to increase the amount of alcohol they sold.
The policy was brought in as local health experts feared of the impact on people’s wellbeing should more premises open in Dundee selling alcohol.
The only exception was the Central Waterfront, where a series of bars, restaurants and hotels are planned.
But Sheriff Veal reversed the decision and said the council’s policy was “flawed” due to errors in a consultation during 2014.
He said in his judgment the council should have identified which areas of the city it thought were over provided for before consulting, rather than asking consultees to identify those areas.
A spokeswoman for the council said: “The board’s legal adviser updated the board relative to Aldi Stores Limited v Dundee City Licensing Board.
“The board instructed the clerk to further consult with interested parties and report back to a future meeting with further proposals, relative to the board’s duty to assess the extent of any overprovision in its locality.”
Meanwhile, Aldi also confirmed that they have lodged a fresh application for the store at Myrekirk.
This followed the legal challenge by Asda against the authority over the decision to grant the original planning permission to Aldi.
Up to 30 jobs are set to be created by the new shop — which could be thrown into doubt should Asda succeed in its court action.
Aldi were approached for comment but hadn’t responded at the time of going to press