Members of Glasgow City Licensing Board yesterday moved to challenge the decision by Sheriff Craig Scott last week to uphold an appeal by BP against Scottish Government legislation that would restrict the sale of alcohol in its forecourts, throwing Scotland’s flagship alcohol legislation into disarray just a month before it is due to be introduced.

The retaliatory appeal by Glasgow City Council now looks set to prolong the judicial wranglings over the controversial Licensing (Scotland) Act 2005, which is a central pillar in the government’s attempts to stem binge drinking and promote more responsible retailing of alcohol.

From September, only garage forecourts proving they were the main source of groceries and fuel in a particular area would be able to continue selling alcohol, protecting many rural filling stations.

However, after an appeal by BP, Sheriff Scott ruled that this particular aspect of the legislation rested on a “nebulous” concept of community.

Rather than proving that the garage serves the need of a wider community, as stated in guidance issued by the Scottish Government, Sheriff Scott has said that the legislation makes mention only of “persons resident in the locality”, meaning that if the shop is used by more than one person to purchase groceries it has fulfilled the requirements.

Although the council’s appeal relates only to two petrol stations within its jurisdiction – the BP/Marks & Spencer Simply Food Outlets on Great Western Road and Paisley Road West – it is an important test case for the viability of the legislation throughout the rest of the country.

Fears have already been expressed that if this part of the act fails to stand up in an urban area such as Glasgow, it will open the floodgates for a slew of other licensing battles which could leave scarcely a forecourt in Scotland without alcohol on sale.

One legal source said there was currently “no clarity”, adding: “We’re fully expecting quite a few court cases based on interpretations of vague licensing objectives.

“As for BP, if Glasgow overturns its previous ruling, the rest will follow, leaving this part of the act meaningless.”

A spokesman for the council said yesterday that it would be “inappropriate to comment while legal proceedings were ongoing”. BP was unavailable for comment.