Cameron v. Magistrates of Glasgow [1903] ScotLR 40_577 (20 February 1903)

Cameron v. Magistrates of Glasgow [1903] ScotLR 40_577 (20 February 1903)

The magistrates acted within their statutory powers in defining the Broomielaw area as a 'particular locality' and reducing closing hours to 10 p.m.; their actions were administrative, not judicial, and not subject to appeal to Quarter Sessions; no relevant grounds for reduction of the resolution or certificates were established.

Citation
[1903] ScotLR 40_577
Parties
Pursuers: Archibald Cameron, Edward Cronin, Alexander Gray, James Ward, Charles Marchant senior; Defenders: Magistrates of the royal burgh of Glasgow; Defenders: Town-Clerk and Depute Town-Clerk of Glasgow; Defenders: Justices of the Peace of the County of the City of Glasgow; Defenders: Clerk of the Peace and Depute Clerk of the Peace, County Buildings, Glasgow; Defenders: Chief-Constable and Procurator-Fiscal of the said City
Jurisdiction
Scotland
Judgment Date
20 February 1903
Procedural Posture
Action for Reduction / Appeal and Final Judgment
Outcome
appeal dismissed; interlocutor adhered to; defenders assoilzied
Legal Topics
Public House Licensing, Early Closing, Definition of Particular Locality, Judicial Vs Administrative Capacity, Appeal Competency
Administrative Law Licensing Law Local Government Law Public House Licensing Early Closing Definition of Particular Locality Judicial Vs Administrative Capacity Appeal Competency

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Parties

Archibald Cameron, Edward Cronin, Alexander Gray, James Ward, Charles Marchant senior

Pursuers

Magistrates of the royal burgh of Glasgow

Defenders

Town-Clerk and Depute Town-Clerk of Glasgow

Defenders

Justices of the Peace of the County of the City of Glasgow

Defenders

Clerk of the Peace and Depute Clerk of the Peace, County Buildings, Glasgow

Defenders

Chief-Constable and Procurator-Fiscal of the said City

Defenders

Procedural Posture

Action for Reduction / Appeal and Final Judgment

Legal Issues

  1. 1 Whether magistrates acted within statutory powers in defining a 'particular locality' for early closing under Public-Houses Acts Amendment (Scotland) Act 1862, sec. 2
  2. 2 Whether magistrates could reduce hours of opening/closing below statutory maximum
  3. 3 Whether magistrates acted judicially or administratively

Ratio Decidendi

The magistrates acted within their statutory powers in defining the Broomielaw area as a 'particular locality' and reducing closing hours to 10 p.m.; their actions were administrative, not judicial, and not subject to appeal to Quarter Sessions; no relevant grounds for reduction of the resolution or certificates were established.

Court Disposition

appeal dismissed; interlocutor adhered to; defenders assoilzied

Orders

  • pleas-in-law for pursuers repelled
  • defenders assoilzied from conclusions of the summons