Southern Bowling Club, Ltd v. Ross [1902] ScotLR 39_292 (08 January 1902)

Southern Bowling Club, Ltd v. Ross [1902] ScotLR 39_292 (08 January 1902)

Police, acting under section 13 of the Public Houses Acts Amendment (Scotland) Act 1862, are entitled to enter and inspect private clubs where there is reason to suspect unlawful trafficking in excisable liquors, and the use of disguise by police for detection purposes is not illegal. The pursuers failed to show any invasion of legal rights or grounds for declarator or interdict.

Citation
[1902] ScotLR 39_292
Parties
Pursuer: Southern Bowling Club, Limited; Defender: Roderick Ross; Defender: Hugh Calder
Jurisdiction
Scotland
Judgment Date
08 January 1902
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division
Outcome
appeal dismissed; judgment for defenders affirmed; defenders assoilzied from all conclusions
Legal Topics
Police Entry Into Private Premises, Shebeening, Statutory Interpretation, Powers of Constables, Declarator and Interdict, Club Law
Criminal Law Police Powers Property Law Police Entry Into Private Premises Shebeening Statutory Interpretation Powers of Constables Declarator and Interdict +1 more

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Parties

Southern Bowling Club, Limited

Pursuer

Roderick Ross

Defender

Hugh Calder

Defender

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary to Inner House, Second Division

Legal Issues

  1. 1 Whether police may lawfully enter a private club in disguise to detect illegal liquor trafficking (shebeening) under the Public Houses Acts Amendment (Scotland) Act 1862, section 13.
  2. 2 Whether such entry or use of disguise by police is illegal or warrants declarator or interdict against the police.

Ratio Decidendi

Police, acting under section 13 of the Public Houses Acts Amendment (Scotland) Act 1862, are entitled to enter and inspect private clubs where there is reason to suspect unlawful trafficking in excisable liquors, and the use of disguise by police for detection purposes is not illegal. The pursuers failed to show any invasion of legal rights or grounds for declarator or interdict.

Court Disposition

appeal dismissed; judgment for defenders affirmed; defenders assoilzied from all conclusions

Orders

  • Defenders assoilzied from all conclusions of the summons
  • No declarator or interdict granted