Donaldson v Renfrewshire Council [2011] ScotCS CSIH_66 (02 November 2011)

The respondents failed to advance any adequate or specific reasons for withdrawing the appellant's recognised exceptional status regarding trading hours; where a licence holder has long been treated as an exception, it is for the authority to justify ceasing that exception.

Citation: [2011] ScotCS CSIH_66
Parties: Pursuer and Appellant: Andrew Hume Donaldson; Defenders and Respondents: Renfrewshire Council
Jurisdiction: Scotland
Judgment Date: 02 November 2011
Procedural Posture: Appeal From Sheriff Court Under Civic Government (scotland) Act 1982 / Appeal to Inner House, Court of Session
Outcome: Appeal allowed; sheriff's interlocutor recalled; case remitted for reconsideration by respondents.
Legal Topics: Street Trader's Licence, Policy Exceptions, Adequacy of Reasons, Renewal of Licence

Administrative Law Licensing Law Street Trader's Licence Policy Exceptions Adequacy of Reasons Renewal of Licence

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Parties

Andrew Hume Donaldson

Pursuer and Appellant

Renfrewshire Council

Defenders and Respondents

Procedural Posture

Appeal From Sheriff Court Under Civic Government (scotland) Act 1982 / Appeal to Inner House, Court of Session

Legal Issues

1 Whether the licensing authority provided adequate reasons for restricting trading hours
2 Whether it was reasonable to withdraw the appellant's exceptional status regarding trading hours

Ratio Decidendi

Court Disposition

Appeal allowed; sheriff's interlocutor recalled; case remitted for reconsideration by respondents.

Orders

Sheriff's interlocutor recalled
Case remitted to respondents for reconsideration