Pub wins landmark case against loo regulations to keep capacity

ONE of the Capital's biggest pub operators has won a landmark case against a decision to slash the capacity of one of its pubs because it doesn't have enough female toilets.

The Pear Tree, on West Nicolson Street, was ordered to more than halve its capacity, from 412 to only 200, because of new building regulations.

But the bar's owner, pub tycoon Kevin Doyle's Caledonian Heritable, took the city's licensing board to court over the decision. And the city council has settled the case out of court - by agreeing to pay the company's legal fees and allowing it to increase the capacity of the Pear Tree back up to 412.

It is thought that the case could lead to a flurry of legal cases from other pub operators that have had to build extra toilets or reduce their capacity to meet the strict new regulations, which state that pubs need one toilet for roughly every 30 customers.

But licensing chiefs assume that half of the customers are female - meaning an equal number of male and female toilets are required.

Lawyer John Loudon, who represented Caledonian Heritable and is a fierce opponent of the council's policy in his role as convener of the licensing law sub-committee of the Law Society of Scotland, said: "The Edinburgh Licensing Board conceded that it had got it wrong on both the ability to hold the (license) review hearing and the ability to vary the premises license."

Pubs have been ordered to build new toilets or face having their capacity reduced because of building control officers enforcing on older premises the same standards they use for new properties.

It is thought that more than 100 pubs have been affected.

When asked what the Caledonian Heritable case means for them, Mr Loudon said: "I'm not entirely sure, but I have a number of other cases.

"I have never been persuaded that they have the power to vary licenses in the way they have sought to."

Patrick Browne, chief executive of the Scottish Beer And Pub Association, said: "One of our members spent 60,000 putting in a new toilet so they could get the capacity they wanted. Given that the industry is hard-pressed, having to spend tens of thousands of pounds will not go down well."

Council chiefs insisted that they have no plans to change their policy, despite the ruling.

Councillor Marjorie Thomas, the city's licensing leader, said: "We have spent the last three years implementing the new Licensing Act and part of the legislation involves public health and sanitary provision.

"We work closely with licensees, and where there are listed building issues or premises of an historic nature we try to find an equitable solution.

"Work is ongoing and the bottom line is that the Board has a duty to implement the Act and we intend to do so."