TESCO STORES LTD v. MIDLOTHIAN LICENSING BOARD [2012] ScotSC 48 (17 April 2012)

TESCO STORES LTD v. MIDLOTHIAN LICENSING BOARD [2012] ScotSC 48 (17 April 2012)

The Licensing Board erred in law by conflating the sale of alcohol to a young person with the statutory objective of protecting children from harm, misapplied a strict liability standard, failed to properly weigh the pursuers' robust compliance systems and absence of prior failures, and imposed a disproportionate suspension unsupported by the facts or statutory scheme. The Board's decision was quashed and the appeal upheld.

Citation
[2012] ScotSC 48
Parties
Pursuer: Tesco Stores Ltd; Defender: Midlothian Licensing Board
Jurisdiction
Scotland
Judgment Date
17 April 2012
Procedural Posture
Summary Application (appeal Under Licensing (scotland) Act 2005) / Appeal Judgment
Outcome
Appeal allowed; Board's decision reversed and suspension quashed.
Legal Topics
Premises Licence Review, Licensing Objectives, Suspension of Licence, Proportionality, Strict Liability, Test Purchase Operations
Administrative Law Licensing Law Premises Licence Review Licensing Objectives Suspension of Licence Proportionality Strict Liability Test Purchase Operations

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Parties

Tesco Stores Ltd

Pursuer

Midlothian Licensing Board

Defender

Procedural Posture

Summary Application (appeal Under Licensing (scotland) Act 2005) / Appeal Judgment

Legal Issues

  1. 1 Whether the Licensing Board erred in law in finding a ground for review established under section 39(1) of the Licensing (Scotland) Act 2005 based on a single failed test purchase to a young person
  2. 2 Whether the Board applied a strict liability test contrary to the statutory scheme
  3. 3 Whether suspension of the licence was necessary, appropriate, and proportionate in the circumstances

Ratio Decidendi

The Licensing Board erred in law by conflating the sale of alcohol to a young person with the statutory objective of protecting children from harm, misapplied a strict liability standard, failed to properly weigh the pursuers' robust compliance systems and absence of prior failures, and imposed a disproportionate suspension unsupported by the facts or statutory scheme. The Board's decision was quashed and the appeal upheld.

Court Disposition

Appeal allowed; Board's decision reversed and suspension quashed.

Orders

  • Quash the finding that a ground for review was established.
  • Quash the suspension of the premises licence.