Hamid v City Of Glasgow Licensing Board [2000] ScotCS 262 (24 October 2000)

Hamid v City Of Glasgow Licensing Board [2000] ScotCS 262 (24 October 2000)

The Board was not entitled to infer that the applicant was not a fit and proper person to hold a licence based solely on a single incident of underage sale by an employee, especially where the applicant had effective compliance measures and no evidence of moral fault or lack of due diligence; the Board's approach improperly imposed a strict liability standard and reversed the onus of proof.

Citation
[2000] ScotCS 262
Parties
Appellant/respondent: Nasir Hamid; Respondent/appellant: City of Glasgow Licensing Board
Jurisdiction
Scotland
Judgment Date
24 October 2000
Procedural Posture
Appeal / Appeal From Sheriff to Court of Session (inner House, Extra Division)
Outcome
appeal refused
Legal Topics
Fit and Proper Person Test, Licence Renewal, Vicarious Liability, Onus of Proof, Managerial Responsibility, Sale of Alcohol to Minors
Administrative Law Licensing Law Fit and Proper Person Test Licence Renewal Vicarious Liability Onus of Proof Managerial Responsibility Sale of Alcohol to Minors

Case Brief

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Parties

Nasir Hamid

Appellant/respondent

City of Glasgow Licensing Board

Respondent/appellant

Procedural Posture

Appeal / Appeal From Sheriff to Court of Session (inner House, Extra Division)

Legal Issues

  1. 1 Whether a single incident of underage sale by an employee, despite training and compliance measures, renders the licence holder not a fit and proper person to hold a licence.
  2. 2 Whether the licensing board erred in law by inferring lack of fitness from a single incident and by misapplying the onus of proof.

Ratio Decidendi

The Board was not entitled to infer that the applicant was not a fit and proper person to hold a licence based solely on a single incident of underage sale by an employee, especially where the applicant had effective compliance measures and no evidence of moral fault or lack of due diligence; the Board's approach improperly imposed a strict liability standard and reversed the onus of proof.

Court Disposition

appeal refused

Orders

  • Board's appeal refused; sheriff's decision sustaining the applicant's appeal and granting the licence renewal affirmed.