Ask a Scots Law Question, Get an Answer ASAP!
I am a solicitor in Scotland. Thank you for your question. How many objections have been lodged for each application roughly.
I think you have to raise this as an issue, partly human rights and partly common law nuisance and it should be done as a collective campaign as well as objecting or making representations to specific applications. Is the councillor on your side?
What was the justification for an allegation of racial discrimination?
Yes I do think that a group approach is the best one. Your ultimate remedy here is to take the council to the Court of Session and ask the court to judicially review the decision to allow a licence. Unlike some jurisdictions, in Scotland, judicial review covers not just a review of council decisions which are illegal or improper but it also covers decision which as so unreasonable that no body acting reasonably would have made such a decision. Where human rights are involved there is a more rigorous standard of review by the court. Your starting point is to engage a good litigation solicitor and also have a consultation with an Advocate who specialises in judicial review cases. I hope that helps. Please leave a positive rating so that I am credited for my time.