Edinburgh Council v. Salteri [2006] ScotSC 23 (24 March 2006)

Edinburgh Council v. Salteri [2006] ScotSC 23 (24 March 2006)

The appeal is competent, but the sheriff was correct to refuse the application for extension because the licensing authority failed to properly 'consider' the application within the statutory three-month period and delayed seeking the extension until just before expiry of the six-month period.

Citation
[2006] ScotSC 23
Parties
Pursuer and Appellant: The City of Edinburgh Council; Defender and Respondent: Dawn Salteri
Jurisdiction
Scotland
Judgment Date
24 March 2006
Procedural Posture
Appeal Against Refusal of Application for Extension of Time Under Section 3(2) of the Civic Government (scotland) Act 1982 / Appeal Judgment
Outcome
appeal refused; sheriff's interlocutor adhered to
Legal Topics
Licensing Authority Powers, Extension of Statutory Time Limits, Competency of Appeal, Statutory Interpretation
Administrative Law Licensing Law Licensing Authority Powers Extension of Statutory Time Limits Competency of Appeal Statutory Interpretation

Case Brief

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Parties

The City of Edinburgh Council

Pursuer and Appellant

Dawn Salteri

Defender and Respondent

Procedural Posture

Appeal Against Refusal of Application for Extension of Time Under Section 3(2) of the Civic Government (scotland) Act 1982 / Appeal Judgment

Legal Issues

  1. 1 Whether appeal against sheriff's refusal of extension under section 3(2) of the Civic Government (Scotland) Act 1982 is competent
  2. 2 Whether the sheriff erred in refusing the application for extension of time
  3. 3 Proper interpretation of 'consideration' of a licence application under section 3(1)

Ratio Decidendi

The appeal is competent, but the sheriff was correct to refuse the application for extension because the licensing authority failed to properly 'consider' the application within the statutory three-month period and delayed seeking the extension until just before expiry of the six-month period.

Court Disposition

appeal refused; sheriff's interlocutor adhered to

Orders

  • Appeal refused
  • Sheriff's interlocutor of 17 October 2005 adhered to