Baillie and Others v. Motherwell Licensing Court [1916] ScotLR 58 (09 November 1916)

Baillie and Others v. Motherwell Licensing Court [1916] ScotLR 58 (09 November 1916)

The Licensing Court's refusal to renew certificates for the sale of spirits, without hearing the applicants in open court, was a refusal to renew within the meaning of section 11 of the Licensing (Scotland) Act 1903. Such refusal was incompetent without first hearing the parties. The procedure adopted was irregular and ultra vires. The proper remedy is to remit the applications to the Licensing Court for reconsideration in accordance with statutory requirements, not for the Court of Session to grant or renew licences itself.

Citation
[1916] ScotLR 58
Parties
Pursuers: Daniel Baillie and others (retail wine and spirit merchants, licensed grocers, hotel-keeper, all of Motherwell); Defenders: Andrew Wilson and others (Licensing Court of the Burgh of Motherwell), James Burns (town-clerk of Motherwell), Archibald Colville and others (Licensing Appeal Court for the Burgh of Motherwell), John T. T. Brown (Clerk of the Peace for the Middle Ward of Lanark, Hamilton)
Jurisdiction
Scotland
Judgment Date
09 November 1916
Procedural Posture
Civil / Appeal From Interlocutor of Lord Ordinary; Inner House, First Division
Outcome
Appeal allowed in part; interlocutor of Lord Ordinary recalled in so far as it granted renewals directly; case remitted to Licensing Court for proper hearing and determination.
Legal Topics
Licensing of Sale of Exciseable Liquors, Renewal of Certificates, Procedural Fairness, Ultra Vires Acts, Statutory Interpretation
Administrative Law Licensing Law Local Government Law Licensing of Sale of Exciseable Liquors Renewal of Certificates Procedural Fairness Ultra Vires Acts Statutory Interpretation

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Parties

Daniel Baillie and others (retail wine and spirit merchants, licensed grocers, hotel-keeper, all of Motherwell)

Pursuers

Andrew Wilson and others (Licensing Court of the Burgh of Motherwell), James Burns (town-clerk of Motherwell), Archibald Colville and others (Licensing Appeal Court for the Burgh of Motherwell), John T. T. Brown (Clerk of the Peace for the Middle Ward of Lanark, Hamilton)

Defenders

Procedural Posture

Civil / Appeal From Interlocutor of Lord Ordinary; Inner House, First Division

Legal Issues

  1. 1 Whether the Licensing Court acted ultra vires in refusing to renew certificates for the sale of spirits without hearing the applicants in open court
  2. 2 Whether the procedure adopted by the Licensing Court was irregular and contrary to statute
  3. 3 Whether the Licensing Court had power to grant restricted certificates in place of full renewals

Ratio Decidendi

The Licensing Court's refusal to renew certificates for the sale of spirits, without hearing the applicants in open court, was a refusal to renew within the meaning of section 11 of the Licensing (Scotland) Act 1903. Such refusal was incompetent without first hearing the parties. The procedure adopted was irregular and ultra vires. The proper remedy is to remit the applications to the Licensing Court for reconsideration in accordance with statutory requirements, not for the Court of Session to grant or renew licences itself.

Court Disposition

Appeal allowed in part; interlocutor of Lord Ordinary recalled in so far as it granted renewals directly; case remitted to Licensing Court for proper hearing and determination.

Orders

  • Reduction of the Licensing Court's deliverance and subsequent proceedings so far as they purported to exclude the sale of spirits from the licences.
  • Remit to the Licensing Court to entertain and hear the applications for renewal of certificates in accordance with statute.