BAPU PROPERTIES LIMITED v. CITY OF GLASGOW LICENSING BOARD [2012] ScotSC 26 (22 February 2012)

BAPU PROPERTIES LIMITED v. CITY OF GLASGOW LICENSING BOARD [2012] ScotSC 26 (22 February 2012)

The Board's refusal was not supported by adequate factual material or reasons, and the apprehended public nuisance was not directly or materially linked to the sale of alcohol. The Board's decision was therefore irrational and cannot stand.

Citation
[2012] ScotSC 26
Parties
Pursuer: Bapu Properties Limited; Defender: City of Glasgow Licensing Board
Jurisdiction
Scotland
Judgment Date
22 February 2012
Procedural Posture
Summary Application Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; Board's decision quashed; matter remitted for reconsideration.
Legal Topics
Premises Licence Variation, Licensing Objectives, Adequacy of Reasons, Judicial Review of Administrative Decisions
Administrative Law Licensing Law Premises Licence Variation Licensing Objectives Adequacy of Reasons Judicial Review of Administrative Decisions

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Parties

Bapu Properties Limited

Pursuer

City of Glasgow Licensing Board

Defender

Procedural Posture

Summary Application Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Licensing Board erred in law or acted unreasonably in refusing a variation of a premises licence for an external seating area
  2. 2 Whether the Board's decision was supported by adequate reasons and factual material
  3. 3 Whether the refusal was properly linked to the sale of alcohol and the licensing objectives

Ratio Decidendi

The Board's refusal was not supported by adequate factual material or reasons, and the apprehended public nuisance was not directly or materially linked to the sale of alcohol. The Board's decision was therefore irrational and cannot stand.

Court Disposition

Appeal allowed in part; Board's decision quashed; matter remitted for reconsideration.

Orders

  • Quash the decision of the City of Glasgow Licensing Board dated 27 June 2011 refusing the variation application.
  • Remit the pursuers' application to the defenders for reconsideration under Section 131(5)(a) of the Licensing (Scotland) Act 2005.