Goodall v. Members of Licensing Court of Glasgow and Others [1913] ScotLR 438 (07 February 1913)

Goodall v. Members of Licensing Court of Glasgow and Others [1913] ScotLR 438 (07 February 1913)

Objections to licence renewal made by neighbours through mandates, even if orchestrated by the Vigilance Association, are competent under section 19 of the Licensing (Scotland) Act 1903, including general objections on the ground of overlicensing. The Licensing Court did not act arbitrarily or unlawfully by granting unopposed renewals immediately and considering objected licences separately, as it retained discretion to grant or refuse any application until judgment was pronounced.

Citation
[1913] ScotLR 438
Parties
Pursuer: Alexander Goodall; Defender: Sir Archibald M'Innes Shaw and others (Members of Licensing Court of Glasgow); Defender: Sir Samuel Chisholm and others (Members of Licensing Appeal Court of Glasgow); Defender: Clerk to the Licensing Court; Defender: Clerk to the Licensing Appeal Court; Defender: John Brown and others (objectors)
Jurisdiction
Scotland
Judgment Date
07 February 1913
Procedural Posture
Action of Reduction / Inner House Appeal From Lord Ordinary's Dismissal
Outcome
Appeal dismissed; interlocutor of Lord Ordinary adhered to; action of reduction dismissed as irrelevant.
Legal Topics
Licensing of Public Houses, Judicial Review, Standing to Object, Discretion of Licensing Authority, Objections on Ground of Overlicensing
Administrative Law Licensing Law Licensing of Public Houses Judicial Review Standing to Object Discretion of Licensing Authority Objections on Ground of Overlicensing

Case Brief

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Parties

Alexander Goodall

Pursuer

Sir Archibald M'Innes Shaw and others (Members of Licensing Court of Glasgow)

Defender

Sir Samuel Chisholm and others (Members of Licensing Appeal Court of Glasgow)

Defender

Clerk to the Licensing Court

Defender

Clerk to the Licensing Appeal Court

Defender

John Brown and others (objectors)

Defender

Procedural Posture

Action of Reduction / Inner House Appeal From Lord Ordinary's Dismissal

Legal Issues

  1. 1 Whether objections to licence renewal made by mandates obtained through the Vigilance Association are competent and relevant under section 19 of the Licensing (Scotland) Act 1903.
  2. 2 Whether a general objection by neighbours on the ground of overlicensing is competent under section 19.
  3. 3 Whether the Licensing Court acted arbitrarily or failed to exercise judicial discretion by granting unopposed renewals immediately and only considering objected licences.

Ratio Decidendi

Objections to licence renewal made by neighbours through mandates, even if orchestrated by the Vigilance Association, are competent under section 19 of the Licensing (Scotland) Act 1903, including general objections on the ground of overlicensing. The Licensing Court did not act arbitrarily or unlawfully by granting unopposed renewals immediately and considering objected licences separately, as it retained discretion to grant or refuse any application until judgment was pronounced.

Court Disposition

Appeal dismissed; interlocutor of Lord Ordinary adhered to; action of reduction dismissed as irrelevant.

Orders

  • Action of reduction dismissed.
  • No relevant case made out for reduction of Licensing Court's deliverance.