Scottish Sheriff Court Decisions

(B443/05)

JUDGMENT OF

SHERIFF PRINCIPAL EDWARD F BOWEN QC

in the appeal

in the cause

THE CITY OF EDINBURGH COUNCIL

Pursuers and Appellants

against

JACK LEITHEAD STEWART

Act: Armstrong, QC instructed by The City of Edinburgh Council

Alt: No appearance

EDINBURGH, 24 MARCH 2006

The Sheriff Principal, having resumed consideration of the cause, refuses the appeal and adheres to the Sheriff's interlocutor complained of dated 17 October 2005.

NOTE:

1. This is an appeal against an interlocutor pronounced on 17 October 2005 refusing an application by the City of Edinburgh Council brought under the provisions of section 3(2) of the Civic Government (Scotland) Act 1982. The application relates to a license application lodged by the respondent on 14 March 2005.

2. The applicant was not represented at the appeal hearing before me. For the reasons given in the note appended to my interlocutor of today's date in the case of The City of Edinburgh Council v Dawn Salteri I refuse this application.