Bootland v. M'Farlane [1900] ScotLR 37_785 (12 June 1900)

Bootland v. M'Farlane [1900] ScotLR 37_785 (12 June 1900)

A public-house certificate granted on an application containing a false answer to a material statutory query (here, age) is liable to reduction, as the application does not fulfil the statutory requirements; objectors under the Act have title to sue for such reduction.

Citation
[1900] ScotLR 37_785
Parties
Pursuer: Joseph Bootland and others; Defender: Francis M'Farlane; Defender: Magistrates of Leith; Defender: Clerk to the Licensing Court of Leith burgh; Defender: Joint Licensing Committee for Leith District; Defender: Clerk to the Joint Licensing Committee for Leith District
Jurisdiction
Scotland
Judgment Date
12 June 1900
Procedural Posture
Action for Reduction and Interdict / Inner House Appeal (reclaiming Motion) From Lord Ordinary's Decree
Outcome
Decree of reduction, declarator, and interdict affirmed; appeal refused.
Legal Topics
Reduction of Public House Certificate, Statutory Requirements for Licensing, Title to Sue Under Licensing Statutes, Effect of False Statements in Statutory Applications
Administrative Law Licensing Law Reduction of Public House Certificate Statutory Requirements for Licensing Title to Sue Under Licensing Statutes Effect of False Statements in Statutory Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Joseph Bootland and others

Pursuer

Francis M'Farlane

Defender

Magistrates of Leith

Defender

Clerk to the Licensing Court of Leith burgh

Defender

Joint Licensing Committee for Leith District

Defender

Clerk to the Joint Licensing Committee for Leith District

Defender

Procedural Posture

Action for Reduction and Interdict / Inner House Appeal (reclaiming Motion) From Lord Ordinary's Decree

Legal Issues

  1. 1 Whether a public-house certificate granted on an application containing a false answer as to age is liable to reduction
  2. 2 Whether minority is per se a disqualification for holding a public-house licence
  3. 3 Whether objectors under the Act have title to sue for reduction of a licence

Ratio Decidendi

A public-house certificate granted on an application containing a false answer to a material statutory query (here, age) is liable to reduction, as the application does not fulfil the statutory requirements; objectors under the Act have title to sue for such reduction.

Court Disposition

Decree of reduction, declarator, and interdict affirmed; appeal refused.

Orders

  • Reduction of the deliverance of the Magistrates granting the application, the deliverance of the Confirmation Court, and the certificate.
  • Interdict against M'Farlane trafficking in exciseable liquors in the premises unless and until a valid certificate is issued.