Birrell v Glasgow City Council [2015] ScotCS CSIH_21 (18 March 2015)

Birrell v Glasgow City Council [2015] ScotCS CSIH_21 (18 March 2015)

The licensing committee was entitled to refuse the application based on its own assessment of safety concerns, notwithstanding the existence of a VOSA certificate, and the sheriff erred in substituting his own view for that of the committee.

Citation
[2015] ScotCS CSIH_21
Parties
Appellant and Respondent: Robin Birrell; Respondents and Appellants: Glasgow City Council
Jurisdiction
Scotland
Judgment Date
18 March 2015
Procedural Posture
Appeal / Opinion of the Court on Appeal From Sheriff's Decision
Outcome
Appeal allowed; sheriff's decision quashed; committee's refusal reinstated.
Legal Topics
Street Trading Licence, Local Authority Discretion, Vehicle Safety Standards, Judicial Review of Administrative Decisions
Administrative Law Licensing Law Street Trading Licence Local Authority Discretion Vehicle Safety Standards Judicial Review of Administrative Decisions

Case Brief

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Parties

Robin Birrell

Appellant and Respondent

Glasgow City Council

Respondents and Appellants

Procedural Posture

Appeal / Opinion of the Court on Appeal From Sheriff's Decision

Legal Issues

  1. 1 Whether the licensing committee was entitled to refuse a street trader’s licence for a pedicab on safety grounds despite a VOSA certificate
  2. 2 Whether the sheriff erred in quashing the committee’s refusal and ordering the licence to be granted

Ratio Decidendi

The licensing committee was entitled to refuse the application based on its own assessment of safety concerns, notwithstanding the existence of a VOSA certificate, and the sheriff erred in substituting his own view for that of the committee.

Court Disposition

Appeal allowed; sheriff's decision quashed; committee's refusal reinstated.

Orders

  • Uphold the appeal
  • Quash the sheriff’s decision