Stewart v Perth Kinross Council, Judicial Review [2002] ScotCS 268 (01 October 2002)

Stewart v Perth Kinross Council, Judicial Review [2002] ScotCS 268 (01 October 2002)

The majority held that the conditions requiring inspection reports to be prepared, displayed, provided to purchasers, and retained went beyond the statutory powers conferred by the Civic Government (Scotland) Act 1982. The Act did not authorise the Council to regulate the contractual relationship between dealer and customer or impose consumer protection requirements of this nature. As the refusal to renew the licence was materially based on breaches of these ultra vires conditions, the decision was not well-founded and must be reduced.

Citation
[2002] ScotCS 268
Parties
Petitioner and Reclaimer: Douglas Stewart; Respondents: Perth and Kinross Council
Jurisdiction
Scotland
Judgment Date
01 October 2002
Procedural Posture
Judicial Review / Reclaiming Motion (appeal)
Outcome
petition granted; decision to refuse renewal of licence reduced
Legal Topics
Ultra Vires Conditions, Licensing of Second Hand Dealers, Scope of Statutory Powers, Consumer Protection, Reasonableness of Licence Conditions
Administrative Law Licensing Law Local Government Law Ultra Vires Conditions Licensing of Second Hand Dealers Scope of Statutory Powers Consumer Protection Reasonableness of Licence Conditions

Case Brief

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Parties

Douglas Stewart

Petitioner and Reclaimer

Perth and Kinross Council

Respondents

Procedural Posture

Judicial Review / Reclaiming Motion (appeal)

Legal Issues

  1. 1 Whether the conditions attached to a second-hand dealer's licence by the local authority were ultra vires the statutory powers conferred by the Civic Government (Scotland) Act 1982
  2. 2 Whether the refusal to renew the licence based on breaches of those conditions was lawful

Ratio Decidendi

The majority held that the conditions requiring inspection reports to be prepared, displayed, provided to purchasers, and retained went beyond the statutory powers conferred by the Civic Government (Scotland) Act 1982. The Act did not authorise the Council to regulate the contractual relationship between dealer and customer or impose consumer protection requirements of this nature. As the refusal to renew the licence was materially based on breaches of these ultra vires conditions, the decision was not well-founded and must be reduced.

Court Disposition

petition granted; decision to refuse renewal of licence reduced

Orders

  • The decision of Perth and Kinross Council to refuse renewal of Douglas Stewart's second-hand dealer's licence is reduced (set aside).