Buchanan and Others Petitioners [1910] ScotLR 626 (12 May 1910)

Buchanan and Others Petitioners [1910] ScotLR 626 (12 May 1910)

The Court exercised its nobile officium to appoint a new meeting of the Licensing Court, as the statute provided no remedy for failure to obtain a quorum and sufficient notice had been given to all interested parties.

Citation
[1910] ScotLR 626
Parties
Petitioner: A. C. Buchanan, Solicitor, Stirling, clerk to the Licensing Court of the said county; Petitioner: David Wilson of Carbeth, Killearn, chairman of said Court, and others, being the remanent members thereof
Jurisdiction
Scotland
Judgment Date
12 May 1910
Procedural Posture
Petition / Final Judgment
Outcome
petition granted
Legal Topics
Nobile Officium, Exercise of Equitable Jurisdiction, Licensing (scotland) Act 1903, Failure to Obtain Quorum, Appointment of Statutory Meeting
Administrative Law Licensing Law Nobile Officium Exercise of Equitable Jurisdiction Licensing (scotland) Act 1903 Failure to Obtain Quorum Appointment of Statutory Meeting

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Parties

A. C. Buchanan, Solicitor, Stirling, clerk to the Licensing Court of the said county

Petitioner

David Wilson of Carbeth, Killearn, chairman of said Court, and others, being the remanent members thereof

Petitioner

Procedural Posture

Petition / Final Judgment

Legal Issues

  1. 1 Whether the Court can exercise its nobile officium to appoint a new meeting when the Licensing Court fails to obtain a quorum at its statutory meeting and the statute provides no remedy

Ratio Decidendi

The Court exercised its nobile officium to appoint a new meeting of the Licensing Court, as the statute provided no remedy for failure to obtain a quorum and sufficient notice had been given to all interested parties.

Court Disposition

petition granted

Orders

  • Authorise and appoint the County Licensing Court of the County of Stirling to meet within the Court-house at Stirling on Thursday 19th May current, at eleven o'clock forenoon, for the purpose of transacting the business mentioned in the prayer of the petition.
  • Power to the said Court when so met to adjourn its meetings from time to time, subject to conditions and limitations prescribed by the Licensing (Scotland) Act 1903.