EPIC GROUP (SCOTLAND) LIMITED v. ABERDEEN LICENSING BOARD [2013] ScotSC 13 (11 February 2013)

EPIC GROUP (SCOTLAND) LIMITED v. ABERDEEN LICENSING BOARD [2013] ScotSC 13 (11 February 2013)

The seriousness and collective weight of the breaches of natural justice, including misleading the court in pleadings and the risk of lack of impartiality on remittal, justified reversal of the licensing board's decision rather than remitting the matter for reconsideration.

Citation
[2013] ScotSC 13
Parties
Pursuer: EPIC GROUP (SCOTLAND) LTD; Defender: ABERDEEN LICENSING BOARD
Jurisdiction
Scotland
Judgment Date
11 February 2013
Procedural Posture
Appeal Against Licensing Board Decision / Judgment After Full Hearing of Appeal
Outcome
Appeal allowed; decision of the defenders reversed.
Legal Topics
Natural Justice, Procedural Fairness, Licensing Board Procedure, Judicial Review
Administrative Law Licensing Law Natural Justice Procedural Fairness Licensing Board Procedure Judicial Review

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Parties

EPIC GROUP (SCOTLAND) LTD

Pursuer

ABERDEEN LICENSING BOARD

Defender

Procedural Posture

Appeal Against Licensing Board Decision / Judgment After Full Hearing of Appeal

Legal Issues

  1. 1 Whether serious breaches of natural justice occurred during the licensing board hearing
  2. 2 Whether the court should reverse the board's decision or remit the case for reconsideration

Ratio Decidendi

The seriousness and collective weight of the breaches of natural justice, including misleading the court in pleadings and the risk of lack of impartiality on remittal, justified reversal of the licensing board's decision rather than remitting the matter for reconsideration.

Court Disposition

Appeal allowed; decision of the defenders reversed.

Orders

  • Decision of Aberdeen Licensing Board suspending the premises licence is reversed.
  • Expenses awarded to the pursuers; employment of counsel certified.