City Leisure (Musselburgh) Ltd, Re Petition for Judicial Review [2004] ScotCS 130 (03 June 2004)
The statutory requirement is satisfied if the decision is made in public and members are given an opportunity to dissent or propose alternatives; the evidence established that the Board's decision was made in public with such opportunity, and no breach of section 5(7) occurred.
- Citation
- [2004] ScotCS 130
- Parties
- Petitioner: City Leisure (Musselburgh) Limited; Respondent: East Lothian Licensing Board
- Jurisdiction
- Scotland
- Judgment Date
- 03 June 2004
- Procedural Posture
- Judicial Review / Opinion After Proof Before Answer at Second Hearing
- Outcome
- Petition refused
- Legal Topics
- Public Decision Making, Licensing Board Procedure, Statutory Interpretation, Judicial Review of Administrative Action
Case Brief
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Parties
City Leisure (Musselburgh) Limited
Petitioner
East Lothian Licensing Board
Respondent
Procedural Posture
Judicial Review / Opinion After Proof Before Answer at Second Hearing
Legal Issues
- 1 Whether the East Lothian Licensing Board's refusal of a regular extension of permitted hours was taken in public as required by section 5(7) of the Licensing (Scotland) Act 1976
Ratio Decidendi
The statutory requirement is satisfied if the decision is made in public and members are given an opportunity to dissent or propose alternatives; the evidence established that the Board's decision was made in public with such opportunity, and no breach of section 5(7) occurred.
Court Disposition
Petition refused
Orders
- Second plea-in-law for respondents sustained
- Pleas-in-law for petitioners repelled
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