Brightcrew Ltd v The City of Glasgow Licensing Board [2011] ScotCS CSIH_46 (12 July 2011)

Brightcrew Ltd v The City of Glasgow Licensing Board [2011] ScotCS CSIH_46 (12 July 2011)

The licensing board erred in law by refusing the premises licence based on breaches of a non-statutory code of practice unrelated to the sale of alcohol. The licensing objectives in the 2005 Act must be applied in the context of alcohol licensing, and the Board's approach was a misuse of its statutory powers.

Citation
[2011] ScotCS CSIH_46
Parties
Pursuers and Appellants: Brightcrew Limited; Defenders and Respondents: The City of Glasgow Licensing Board
Jurisdiction
Scotland
Judgment Date
12 July 2011
Procedural Posture
Appeal Under Licensing (scotland) Act 2005, S.132(6) / Appeal From Sheriff to Court of Session (inner House, Extra Division)
Outcome
Appeal allowed
Legal Topics
Scope of Licensing Board Powers, Statutory Interpretation, Licensing Objectives, Adult Entertainment Regulation, Alcohol Licensing
Administrative Law Licensing Law Scope of Licensing Board Powers Statutory Interpretation Licensing Objectives Adult Entertainment Regulation Alcohol Licensing

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Parties

Brightcrew Limited

Pursuers and Appellants

The City of Glasgow Licensing Board

Defenders and Respondents

Procedural Posture

Appeal Under Licensing (scotland) Act 2005, S.132(6) / Appeal From Sheriff to Court of Session (inner House, Extra Division)

Legal Issues

  1. 1 Whether a licensing board can refuse a premises licence based on breaches of a non-statutory code of practice unrelated to the sale of alcohol
  2. 2 Proper scope of licensing objectives under the Licensing (Scotland) Act 2005

Ratio Decidendi

The licensing board erred in law by refusing the premises licence based on breaches of a non-statutory code of practice unrelated to the sale of alcohol. The licensing objectives in the 2005 Act must be applied in the context of alcohol licensing, and the Board's approach was a misuse of its statutory powers.

Court Disposition

Appeal allowed

Orders

  • Interlocutor of the sheriff recalled
  • First question in the stated case answered in the positive