Lopes v. Greenock Corporation [1916] ScotLR 363 (27 January 1916)

Lopes v. Greenock Corporation [1916] ScotLR 363 (27 January 1916)

A part of a building can be registered as a place of public refreshment under the Burgh Police (Scotland) Acts if it is divided from the remainder so as to be effectively closed to the public during forbidden hours; access by the proprietor or servants does not invalidate registration unless a bye-law specifically prohibits it.

Citation
[1916] ScotLR 363
Parties
Pursuer: Joseph Lopes; Defenders: Greenock Corporation
Jurisdiction
Scotland
Judgment Date
27 January 1916
Procedural Posture
Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor
Outcome
action dismissed
Legal Topics
Registration of Public Refreshment Premises, Powers of Magistrates and Local Authorities, Interpretation of Burgh Police (scotland) Acts, Bye Laws on Opening and Closing Hours, Division of Premises for Licensing Purposes
Administrative Law Local Government Law Licensing Law Registration of Public Refreshment Premises Powers of Magistrates and Local Authorities Interpretation of Burgh Police (scotland) Acts Bye Laws on Opening and Closing Hours Division of Premises for Licensing Purposes

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Parties

Joseph Lopes

Pursuer

Greenock Corporation

Defenders

Procedural Posture

Civil / Appeal (reclaiming Motion) From Lord Ordinary's Interlocutor

Legal Issues

  1. 1 Whether a part of a building can be registered as a place of public refreshment under the Burgh Police (Scotland) Acts if it is not permanently divided from the rest of the premises.
  2. 2 Whether the local authority (defenders) can refuse registration on the ground that the division is not effective to exclude the public during forbidden hours.
  3. 3 Whether access by servants to the registered part during forbidden hours invalidates registration.

Ratio Decidendi

A part of a building can be registered as a place of public refreshment under the Burgh Police (Scotland) Acts if it is divided from the remainder so as to be effectively closed to the public during forbidden hours; access by the proprietor or servants does not invalidate registration unless a bye-law specifically prohibits it.

Court Disposition

action dismissed

Orders

  • Find that the pursuer is entitled to have part of the building registered as a place of public refreshment only if it is divided from the remainder so as to be effectively closed for business during forbidden hours.
  • Find that such part may be effectively closed notwithstanding access by the pursuer or his servants for serving customers with refreshments for consumption off the premises.