Lords call time on weekend dancing

THE days of disco are to be restricted at the HMV Picture House after judges ruled it must stop hosting club nights in competition with one of its rivals.

The venue's owners, Mama Group, has been in a long legal battle with rival Luminar, which runs Lava Ignite in Tollcross.

The initial battle ended in May last year with a ruling that the Picture House could go ahead with its club nights on Fridays and Saturdays, but it heard yesterday that it had lost the case after Luminar appealed.

When Luminar sold the Lothian Road venue to Mama Group, Mama signed an agreement undertaking not to put on late-night entertainment "in direct competition on a like-for-like basis with the discotheque business of Luminar".

When the Picture House began running discos on the same night as some of those at Lava Ignite, Luminar took legal action, arguing Mama broke the agreement.

In September, Mama Group won their case when Judge Lord Glennie ruled that weekend events were not in direct competition because they attracted different clientele. Appeal judges yesterday overturned the decision.

The battle saw Scotland's top judges examining the differences between rock, grunge, indie, pop and electro music.

Lord Glennie was also shown flyers for the Picture House depicting "a seductively clad girl dancing against a background of hi-fi speakers".

Giving his decision in May the judge said market researchers had found the Picture House was seen as "studenty and trendy".

Lava Ignite was "cheesy" and "a place where people go to pull", while students went to the Picture House to meet people with similar musical interests, he noted.

But in a written ruling issued yesterday, Lord Hodge said he respectfully differed from Lord Glennie's opinion.

He wrote: "I have reached the view that Luminar are correct in their assertion that the provision prohibited Mama from putting on any disco at which recorded music was played for dances at the times when Luminar were providing such entertainment at their Tollcross venue."

Of the other appeal judges, Lord Eassie agreed but Lord President Lord Hamilton supported Lord Glennie's conclusion.

No-one from Luminar or Mama Group was available to comment on the verdict.