Robertson and Another v. Taylor and Others [1919] ScotLR 450 (22 May 1919)

Robertson and Another v. Taylor and Others [1919] ScotLR 450 (22 May 1919)

The applicant was afforded an opportunity to be heard on the merits of the renewal application as required by statute; the refusal was not solely on the ground of non-production of accounts but also on public interest and requirements of the neighbourhood; thus, the Licensing Court did not act ultra vires or unlawfully.

Citation
[1919] ScotLR 450
Parties
Pursuer: William Robertson and The Public-House Trust (Dumbarton County District), Limited; Defender: John Taylor and others, Licensing Court of the Burgh of Clydebank; Henry Melville Napier and others, Licensing Appeal Court of the Burgh of Clydebank
Jurisdiction
Scotland
Judgment Date
22 May 1919
Procedural Posture
Civil (judicial Review/declarator) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division
Outcome
Appeal allowed; interlocutor of Lord Ordinary recalled; defenders assoilzied (absolved).
Legal Topics
Licensing (scotland) Act 1903, Renewal of Public House Certificate, Procedural Fairness, Ultra Vires, Right to Be Heard
Administrative Law Licensing Law Licensing (scotland) Act 1903 Renewal of Public House Certificate Procedural Fairness Ultra Vires Right to Be Heard

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Parties

William Robertson and The Public-House Trust (Dumbarton County District), Limited

Pursuer

John Taylor and others, Licensing Court of the Burgh of Clydebank; Henry Melville Napier and others, Licensing Appeal Court of the Burgh of Clydebank

Defender

Procedural Posture

Civil (judicial Review/declarator) / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, First Division

Legal Issues

  1. 1 Whether the Licensing Court acted ultra vires and unlawfully by refusing renewal of a public-house certificate solely for non-production of branch balance sheets
  2. 2 Whether the applicant was given a fair hearing as required by section 11 of the Licensing (Scotland) Act 1903

Ratio Decidendi

The applicant was afforded an opportunity to be heard on the merits of the renewal application as required by statute; the refusal was not solely on the ground of non-production of accounts but also on public interest and requirements of the neighbourhood; thus, the Licensing Court did not act ultra vires or unlawfully.

Court Disposition

Appeal allowed; interlocutor of Lord Ordinary recalled; defenders assoilzied (absolved).

Orders

  • Recall of Lord Ordinary's interlocutor granting declarator and remit.
  • Decree of absolvitor (assoilzied) in favour of defenders.