In 2023, the Art Deco Vogue cinema, which is also known as The Mecca, faced demolition but Glasgow City Council issued a building preservation notice (BPN) in January the following year, The Herald reports. 

Historic Environment Scotland subsequently gave it listed status, despite the body previously rejecting a bid to list it. Later, the owners, Allied Vehicles appealed that decision. 

The appeal was thrown out, but a new attempt was made to challenge the decision through the courts.

Allied Vehicles claimed that because HES had previously decided against granting the building listed status, it had carried out a legal error by overturning that decision.

But judges at the Court of Session found that HES had the right to change its position as the situation had changed after Glasgow City Council issued a BPN.

Lord Pentland, Lady Wise and Lord Ericht found that no error of law had been carried out by HES in the move to reject the appeal against the reporter’s ruling, Scottish Legal News reports. 

Lord Pentland commented: “The essence of the appellants’ challenge was that the reporter erred in law because it was not open to Historic Environment Scotland (HES) to change its initial decision not to list the building.

“This argument ignores the important effect of the building preservation notice (BPN) … The service of the notice meant that HES became subject to a statutory duty to consider whether to list the building. In the present appeal, [Glasgow City Council’s] decision to issue the BPN is not challenged. The court must proceed on the footing that it was lawfully issued.”

Lord Pentland added: “In exercising its statutory duty to consider listing, as it was invited to do by [Glasgow City Council) by means of the BPN, HES was not bound to follow its earlier decision not to list; it had to exercise its statutory duty anew.

“Whereas the building had been in the course of being demolished at the time of the first HES decision, the position was radically different at the time of the second decision because demolition could not lawfully continue.”

Lord Pentland added that the court could “detect no error of law in the reporter’s approach to the issues” and dismissed the appeal.”

Architect Professor Alan Dunlop, said: “Through my own investigations, I’m sure there’s a way to balance out what the owner wants for the building with something that preserves the heritage of the cinema and keeps the facade.”