TRUST INNS LTD v. CITY OF GLASGOW LICENSING BOARD [2014] ScotSC 15 (23 January 2014)

TRUST INNS LTD v. CITY OF GLASGOW LICENSING BOARD [2014] ScotSC 15 (23 January 2014)

The defender's decision to revoke the premises licence was based on undisputed cumulative evidence of persistent drug misuse, repeated police interventions, and ineffective remedial actions by management. The defender's assessment of material facts, including the change of tenant and prevalence of drugs, was reasonable and within its statutory discretion. No material error or breach of natural justice occurred regarding the LSO report or reliance on local knowledge. The appeal must be refused.

Citation
[2014] ScotSC 15
Parties
Pursuer: Trust Inns Limited; Defender: City of Glasgow Licensing Board
Jurisdiction
Scotland
Judgment Date
23 January 2014
Procedural Posture
Summary Application Appeal / Judgment After Appeal Hearing
Outcome
appeal refused
Legal Topics
Premises Licence Revocation, Drug Misuse, Natural Justice, Licensing Objectives, Judicial Review
Licensing Law Administrative Law Premises Licence Revocation Drug Misuse Natural Justice Licensing Objectives Judicial Review

Case Brief

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Parties

Trust Inns Limited

Pursuer

City of Glasgow Licensing Board

Defender

Procedural Posture

Summary Application Appeal / Judgment After Appeal Hearing

Legal Issues

  1. 1 Whether the defender's decision to revoke the premises licence was unreasonable or vitiated by error
  2. 2 Whether failure to disclose the Licensing Standards Officer (LSO) report breached principles of natural justice
  3. 3 Whether the defender failed to have proper regard to material facts including change of tenant and prevalence of drugs

Ratio Decidendi

The defender's decision to revoke the premises licence was based on undisputed cumulative evidence of persistent drug misuse, repeated police interventions, and ineffective remedial actions by management. The defender's assessment of material facts, including the change of tenant and prevalence of drugs, was reasonable and within its statutory discretion. No material error or breach of natural justice occurred regarding the LSO report or reliance on local knowledge. The appeal must be refused.

Court Disposition

appeal refused

Orders

  • repels first plea-in-law for defender due to want of insistence
  • repels first and second pleas-in-law for pursuer