Lord Advocate v. D. & J. Nicol [1915] ScotLR 482 (18 March 1915)

Lord Advocate v. D. & J. Nicol [1915] ScotLR 482 (18 March 1915)

The owners of the vessel, D. & J. Nicol, were liable for penalties for the unlicensed sale of intoxicating liquor on Sunday excursions because the sales were made by their servants when the licence-holder was absent and the licence did not permit Sunday sales. Each sale constituted a separate offence, proof by one credible witness was sufficient, and the court had no power to modify the statutory penalties imposed.

Citation
[1915] ScotLR 482
Parties
Pursuer: Lord Advocate; Defenders: D. & J. Nicol
Jurisdiction
Scotland
Judgment Date
18 March 1915
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Final Judgment
Outcome
Appeal dismissed; judgment for pursuer affirmed.
Legal Topics
Sale of Liquor Without Licence, Passenger Vessel Licensing, Penalties for Unlicensed Sale, Proof by Single Witness, Interpretation of Licensing Statutes
Licensing Law Excise Law Administrative Law Sale of Liquor Without Licence Passenger Vessel Licensing Penalties for Unlicensed Sale Proof by Single Witness Interpretation of Licensing Statutes

Case Brief

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Parties

Lord Advocate

Pursuer

D. & J. Nicol

Defenders

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Final Judgment

Legal Issues

  1. 1 Whether owners of a passenger vessel are liable for penalties for unlicensed sale of liquor on Sundays when the licence-holder (steward) is absent and sales are made by their servants;
  2. 2 Whether each sale constitutes a separate offence under the Finance (1909–10) Act 1910, section 50(3);
  3. 3 Whether proof by one credible witness is sufficient to establish an offence under the relevant excise statutes;

Ratio Decidendi

The owners of the vessel, D. & J. Nicol, were liable for penalties for the unlicensed sale of intoxicating liquor on Sunday excursions because the sales were made by their servants when the licence-holder was absent and the licence did not permit Sunday sales. Each sale constituted a separate offence, proof by one credible witness was sufficient, and the court had no power to modify the statutory penalties imposed.

Court Disposition

Appeal dismissed; judgment for pursuer affirmed.

Orders

  • Decree for payment of £500 in penalties by defenders to pursuer.