Black and Others v. Magistrates of Grangemouth [1906] ScotLR 44_185 (15 December 1906)

Black and Others v. Magistrates of Grangemouth [1906] ScotLR 44_185 (15 December 1906)

The magistrates' resolution was not ultra vires as Ward I was a legitimate 'particular locality' under the Act, despite containing all public-houses in the burgh, and the certificates, though imperfect in form, were not invalid. The omission of the closing hour in the register did not vitiate the certificates. The appeal to the Licensing Appeal Court was incompetent.

Citation
[1906] ScotLR 44_185
Parties
Pursuers and Reclaimers: David Black and Others; Defenders and Respondents: Provost and Magistrates of Grangemouth and Others
Jurisdiction
Scotland
Judgment Date
15 December 1906
Procedural Posture
Civil (reduction of Administrative Act) / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to; defenders assoilzied from all conclusions of the action.
Legal Topics
Licensing (scotland) Act 1903, Ultra Vires, Public House Closing Hours, Certificate Validity, Register of Applications, Competency of Appeal
Administrative Law Licensing Law Local Government Law Licensing (scotland) Act 1903 Ultra Vires Public House Closing Hours Certificate Validity Register of Applications +1 more

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Parties

David Black and Others

Pursuers and Reclaimers

Provost and Magistrates of Grangemouth and Others

Defenders and Respondents

Procedural Posture

Civil (reduction of Administrative Act) / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the magistrates' resolution defining Ward I as a 'particular locality' and imposing a 9 p.m. closing hour was ultra vires under the Licensing (Scotland) Act 1903, section 35.
  2. 2 Whether certificates issued with a footnote (rather than in gremio) specifying the closing hour are invalid or disconform to the register.
  3. 3 Whether the omission of the closing hour in the register invalidates the certificates.

Ratio Decidendi

The magistrates' resolution was not ultra vires as Ward I was a legitimate 'particular locality' under the Act, despite containing all public-houses in the burgh, and the certificates, though imperfect in form, were not invalid. The omission of the closing hour in the register did not vitiate the certificates. The appeal to the Licensing Appeal Court was incompetent.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to; defenders assoilzied from all conclusions of the action.