Walsh v. Magistrates of Pollokshaws and Others [1905] ScotLR 42_784 (19 July 1905)

Walsh v. Magistrates of Pollokshaws and Others [1905] ScotLR 42_784 (19 July 1905)

The Court of Session will not interfere with the discretion of the licensing authority exercised within statutory limits unless it is shown that the authority failed to act judicially or breached statutory procedure; in this case, the licensing authority acted within its powers and followed the required process.

Citation
[1905] ScotLR 42_784
Parties
Pursuer/reclaimer: Mrs Agnes Boyle or Walsh; Defenders/respondents: Provost and Magistrates of Pollokshaws; Defenders/respondents: Members of the Burgh Licensing Courts and Justices of Peace for the county of Renfrew
Jurisdiction
Scotland
Judgment Date
19 July 1905
Procedural Posture
Action of Reduction and Declarator / Inner House, First Division, Reclaiming Motion Against Lord Ordinary's Interlocutor
Outcome
Action dismissed; interlocutor of Lord Ordinary adhered to; defenders assoilzied.
Legal Topics
Licensing Discretion, Judicial Review of Administrative Action, Renewal of Public House Certificates, Licensing (scotland) Act 1903
Administrative Law Licensing Law Licensing Discretion Judicial Review of Administrative Action Renewal of Public House Certificates Licensing (scotland) Act 1903

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Parties

Mrs Agnes Boyle or Walsh

Pursuer/reclaimer

Provost and Magistrates of Pollokshaws

Defenders/respondents

Members of the Burgh Licensing Courts and Justices of Peace for the county of Renfrew

Defenders/respondents

Procedural Posture

Action of Reduction and Declarator / Inner House, First Division, Reclaiming Motion Against Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether the licensing authority exercised its discretion judicially in refusing renewal of a public-house certificate without evidence and on the basis of objections stated by a police inspector without notice.
  2. 2 Whether the Court of Session can interfere with the discretion of the licensing authority under the Licensing (Scotland) Act 1903.

Ratio Decidendi

The Court of Session will not interfere with the discretion of the licensing authority exercised within statutory limits unless it is shown that the authority failed to act judicially or breached statutory procedure; in this case, the licensing authority acted within its powers and followed the required process.

Court Disposition

Action dismissed; interlocutor of Lord Ordinary adhered to; defenders assoilzied.

Orders

  • Proof allowed only on the limited issue of alleged illegal procedure in receiving and entertaining objection by Inspector Geddes; otherwise, pursuer's pleas repelled.
  • Court adhered to Lord Ordinary's interlocutor; no further proof allowed; action dismissed.