Fergusson & Others (Trustees of Prestwick St Nicholas Golf Club) v. Prestwick Town Council [1908] ScotLR 77 (06 November 1908)

A golf club-house is not a dwelling-house within the meaning of the Burgh Police (Scotland) Act 1892; therefore, its owners are not entitled to water supply at the domestic rate applicable to houses.

Citation: [1908] ScotLR 77
Parties: Pursuer: David Fergusson & Others (Trustees of Prestwick St Nicholas Golf Club); Defender: Prestwick Town Council (Provost, Magistrates, and Councillors of the Burgh of Prestwick)
Jurisdiction: Scotland
Judgment Date: 06 November 1908
Procedural Posture: Appeal / Court of Session Inner House Extra Division, Post Sheriff Court Judgment
Outcome: appeal sustained; complaint dismissed
Legal Topics: Definition of 'house' Under Statute, Water Supply Entitlement, Domestic and Ordinary Purposes, Burgh Police (scotland) Act 1892 Interpretation

Local Government Public Utilities Statutory Interpretation Definition of 'house' Under Statute Water Supply Entitlement Domestic and Ordinary Purposes Burgh Police (scotland) Act 1892 Interpretation

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Parties

David Fergusson & Others (Trustees of Prestwick St Nicholas Golf Club)

Pursuer

Prestwick Town Council (Provost, Magistrates, and Councillors of the Burgh of Prestwick)

Defender

Procedural Posture

Appeal / Court of Session Inner House Extra Division, Post Sheriff Court Judgment

Legal Issues

1 Is a golf club-house a 'house' within the meaning of the Burgh Police (Scotland) Act 1892?
2 Are the owners of a golf club-house entitled to water supply at domestic rate under the Act?

Ratio Decidendi

A golf club-house is not a dwelling-house within the meaning of the Burgh Police (Scotland) Act 1892; therefore, its owners are not entitled to water supply at the domestic rate applicable to houses.

Court Disposition

appeal sustained; complaint dismissed

Orders

Sheriff's interlocutor recalled
Found in law that club-house does not fall under statutory definition of 'house'