ASK ENTERTAINMENT (PUB) LTD & ASK ENTERTAINMENT (NIGHTCLUB) LTD v. ABERDEEN LICENSING BOARD & ABERDEEN LICENSING BOARD [2013] ScotSC 9 (05 February 2013)

ASK ENTERTAINMENT (PUB) LTD & ASK ENTERTAINMENT (NIGHTCLUB) LTD v. ABERDEEN LICENSING BOARD & ABERDEEN LICENSING BOARD [2013] ScotSC 9 (05 February 2013)

The defenders failed to establish a sufficient factual nexus between the premises and criminal activity to justify revocation of the licences. Mere association with known criminals was insufficient without evidence linking the premises to criminal conduct. The defenders' reasons were inadequate as they were not based on material facts.

Citation
[2013] ScotSC 9
Parties
Pursuer: Ask Entertainment Pub Limited; Defender: Aberdeen Licensing Board; Pursuer: Ask Entertainment Nightclub Limited
Jurisdiction
Scotland
Judgment Date
05 February 2013
Procedural Posture
Summary Application Appeal / Judgment on Appeal
Outcome
Appeals allowed; decision to revoke Society Bar and Restaurant licence reversed; Aurum Nightclub matter remitted for further consideration regarding door stewards; defenders liable in expenses.
Legal Topics
Premises Licence Revocation, Licensing Objectives, Crime Prevention, Judicial Review of Licensing Decisions
Licensing Law Administrative Law Premises Licence Revocation Licensing Objectives Crime Prevention Judicial Review of Licensing Decisions

Case Brief

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Parties

Ask Entertainment Pub Limited

Pursuer

Aberdeen Licensing Board

Defender

Ask Entertainment Nightclub Limited

Pursuer

Procedural Posture

Summary Application Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the defenders erred in law in revoking the premises licences based on associations with known criminals
  2. 2 Whether there was a sufficient factual nexus between the premises and alleged criminal activity to justify revocation
  3. 3 Whether the defenders provided adequate reasons for their decision

Ratio Decidendi

The defenders failed to establish a sufficient factual nexus between the premises and criminal activity to justify revocation of the licences. Mere association with known criminals was insufficient without evidence linking the premises to criminal conduct. The defenders' reasons were inadequate as they were not based on material facts.

Court Disposition

Appeals allowed; decision to revoke Society Bar and Restaurant licence reversed; Aurum Nightclub matter remitted for further consideration regarding door stewards; defenders liable in expenses.

Orders

  • Decision to revoke Society Bar and Restaurant licence reversed.
  • Aurum Nightclub matter remitted to defenders for further consideration of door stewards issue.