8 Oct 2008
CASTRO ANALIZA SAGUINSIN AND ANOTHER v. APPEAL BOARD UNDER THE SMOKING (PUBLIC HEALTH) ORDINANCE AND ANOTHER
- Citation
- CASTRO ANALIZA SAGUINSIN AND ANOTHER v. APPEAL BOARD UNDER THE SMOKING (PUBLIC HEALTH) ORDINANCE AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCAL66/2008
The court held that "mainly used" and "primarily engaged" must be construed in their ordinary senses by assessing the regular and general use of the premises as a whole; turnover figures can inform but not conclusively determine that assessment; the Appeal Board erred by focusing on discrete periods and types of food and by failing to address the main use question adequately, rendering its reasons insufficient and unlawful, so its decisions were quashed and the matters remitted for reconsideration.