The test set out in section 12(3) is good because it is based on the balance of probabilities, which is used in civil cases and makes things easier when it comes to evidence. However, there are two legs to this provision. Section 12(3) states:"The sheriff may make an order"if he is satisfied that the outlet has received three or more enforcement actions in two years—that was the issue that Richard Simpson raised—and"the making of the order is necessary to prevent the commission of further offences".Does the second leg of the provision build in too much discretion?