POLICE are pursuing a test case against two Huddersfield petrol stations which could have “national implications”.

West Yorkshire Police believe it is illegal for any garage to sell alcohol.

Now Kirklees Council will review the licences of the Total petrol stations on Leeds Road in Bradley and Huddersfield Road in Ravensthorpe in a hearing which could have an impact on every garage in the country.

“We’re testing the waters with this,” Pc Richard Farrand told the Examiner yesterday.

“This has got the potential to go national.”

Pc Farrand believes Section 176 of the 2003 Licensing Act bans petrol stations from selling alcohol.

“It prohibits the sale or supply of alcohol from premises that are used primarily as a garage. The thing we want to know is what the primary use is of the Totals at Bradley and Ravensthorpe,” he said.

“We’ve asked the company for the sales figures to show what the primary use is. They’ve not provided the figures but the council can adjourn the hearing until they are produced.”

Pc Farrand believes both garages could be trading illegally – even though they each have 24-hour alcohol licences.

“Under Section 176, no licence can be in place so any alcohol sales would be unauthorised,” he said.

Pc Farrand and his colleague Pc Richard Woodhead stumbled across the legal issue after receiving unconfirmed reports that the Total in Bradley was selling alcohol to under 18s.

“We had a complaint from a concerned parent and we carried out a test purchase operation, which they passed. It’s fair to say there’s no evidence of under-age sales there,” he said.

“That was the initial reason that we looked at the Total stations, it made us look at the legislation.”

Pc Farrand said he had taken the unusual step of asking for expert legal help at the March 26 hearing.

“Pc Woodhead and I will be there as normal but we’ve appointed a barrister to put the police case,” he said.

Pc Farrand believes the hearing could have far-reaching implications.

He said: “If the councillors decide that the primary use is as a garage then we will have to look at other similar operators throughout Kirklees.

“This could apply to most petrol stations in the country.

“This could have national implications because I don’t think this has really been challenged.”

Pc Farrand added he was “duty-bound” to pursue the issue.

“For whatever reason, the secretary of state has deemed that a garage can’t sell alcohol,” he said.

“We, as police officers, can’t pick or choose whether to ignore this fact – we’re duty-bound to pursue the issue.”

According to the council report, Pc Farrand and Pc Woodhead spent two hours counting the number of vehicles using each petrol station. They then went into the convenience stores and bought a bottle of wine as evidence that alcohol was on sale.

Total stopped selling alcohol at the two garages in May 2011, after being contacted by Kirklees.

But the company’s UK licensing manager Nerys Mai-Jones wrote to the council on July 8, 2011 to say that both service stations would start selling drink again.

She wrote: “We have reviewed the operation of the sites and concluded that the premises are not primarily used as a garage.

“These are typical convenience stores selling a range of goods, including groceries, magazines, household products, confectionery, cigarettes and a range of chilled products.

“They continue to be premises that are not primarily used as a garage and the premises licence continues to authorise the sale of alcohol.”

A Total spokeswoman added last night that the company had sold all its UK petrol stations at the end of last year.

The council’s Licensing Panel will consider the licences of the two petrol stations at Huddersfield Town Hall from 10am on Monday, March 26.