Risky Business Ltd v City Of Glasgow Licensing Board [2000] ScotCS 164 (14 June 2000)

Risky Business Ltd v City Of Glasgow Licensing Board [2000] ScotCS 164 (14 June 2000)

The Board's refusal was based on speculation and unsubstantiated generalities, with no factual material or relevant local knowledge or experience to justify a finding that the combination of alcohol and exotic dancing would likely result in violence or anti-social conduct. The statutory test of likelihood or probability was not met, and the only proper disposal was to grant the application.

Citation
[2000] ScotCS 164
Parties
Appellant and Respondent: Risky Business Limited; Respondent and Appellant: City of Glasgow Licensing Board
Jurisdiction
Scotland
Judgment Date
14 June 2000
Procedural Posture
Appeal From Licensing Board Decision / Appeal to Inner House, Court of Session
Outcome
Appeal dismissed; application to be granted.
Legal Topics
Entertainment Licensing, Alcohol Licensing, Judicial Review of Administrative Decisions, Statutory Interpretation
Administrative Law Licensing Law Entertainment Licensing Alcohol Licensing Judicial Review of Administrative Decisions Statutory Interpretation

Case Brief

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Parties

Risky Business Limited

Appellant and Respondent

City of Glasgow Licensing Board

Respondent and Appellant

Procedural Posture

Appeal From Licensing Board Decision / Appeal to Inner House, Court of Session

Legal Issues

  1. 1 Whether the City of Glasgow Licensing Board had a proper factual and legal basis to refuse an entertainment licence under section 17(1)(b) of the Licensing (Scotland) Act 1976 on grounds of suitability and convenience of premises for the sale of alcohol in combination with exotic dancing.

Ratio Decidendi

The Board's refusal was based on speculation and unsubstantiated generalities, with no factual material or relevant local knowledge or experience to justify a finding that the combination of alcohol and exotic dancing would likely result in violence or anti-social conduct. The statutory test of likelihood or probability was not met, and the only proper disposal was to grant the application.

Court Disposition

Appeal dismissed; application to be granted.

Orders

  • Remit to the sheriff to remit to the Board with instructions to grant the application for a new entertainment licence.