M'Geehen v. Knox and Others [1913] ScotLR 463 (28 February 1913)

M'Geehen v. Knox and Others [1913] ScotLR 463 (28 February 1913)

The mere fact that magistrates are members or officials of temperance societies, or have pledged themselves to total abstinence and prohibition, does not legally disqualify them from sitting on licensing courts unless it is shown that they acted on those opinions to the extent of refusing all licences indiscriminately or otherwise failing to exercise judicial discretion. There was no evidence that the defenders had so acted; therefore, no legal bias or disqualification was established.

Citation
[1913] ScotLR 463
Parties
Pursuer: Robert M'Geehen; Defenders: James Knox, Provost of Airdrie, and others (members of the Licensing Court and Licensing Appeal Court of the burgh)
Jurisdiction
Scotland
Judgment Date
28 February 1913
Procedural Posture
Action of Reduction / Appeal (reclaiming Motion) From Lord Ordinary's Dismissal
Outcome
Appeal dismissed; Lord Ordinary's interlocutor affirmed.
Legal Topics
Judicial Bias, Disqualification of Decision Makers, Licensing of Alcohol Premises, Administrative Tribunals
Administrative Law Licensing Law Judicial Bias Disqualification of Decision Makers Licensing of Alcohol Premises Administrative Tribunals

Case Brief

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Parties

Robert M'Geehen

Pursuer

James Knox, Provost of Airdrie, and others (members of the Licensing Court and Licensing Appeal Court of the burgh)

Defenders

Procedural Posture

Action of Reduction / Appeal (reclaiming Motion) From Lord Ordinary's Dismissal

Legal Issues

  1. 1 Whether membership and official status in temperance societies disqualifies magistrates from sitting on licensing courts due to bias.
  2. 2 Whether strong opinions or pledges regarding total abstinence constitute legal bias sufficient for disqualification.

Ratio Decidendi

The mere fact that magistrates are members or officials of temperance societies, or have pledged themselves to total abstinence and prohibition, does not legally disqualify them from sitting on licensing courts unless it is shown that they acted on those opinions to the extent of refusing all licences indiscriminately or otherwise failing to exercise judicial discretion. There was no evidence that the defenders had so acted; therefore, no legal bias or disqualification was established.

Court Disposition

Appeal dismissed; Lord Ordinary's interlocutor affirmed.

Orders

  • Action dismissed; reduction refused.