Caroline Street Liquor Store CC v Gauteng Provincial Liquor Board (67725/2009) [2010] ZAGPPHC 55 (7 July 2010)

Caroline Street Liquor Store CC v Gauteng Provincial Liquor Board (67725/2009) [2010] ZAGPPHC 55 (7 July 2010)

The respondent failed to exercise its discretion as required by section 30(3) of the Gauteng Liquor Act and instead refused the application solely on the basis of proximity to another licensed premises. This mechanical application of the statutory distance criterion, without considering the absence of objections or other relevant factors, constitutes a failure to act for a reason authorised by the empowering provision. The decision is therefore reviewable under section 6(1)(e)(i) of PAJA. Given the circumstances, remitting the matter to the respondent would result in a foregone conclusion, and substitution of the decision is appropriate. The respondent is ordered to grant the applicant's...

Citation
[2010] ZAGPPHC 55
Parties
Applicant: Caroline Street Liquor Store CC; Respondent: Gauteng Provincial Liquor Board
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 July 2010
Case Number
67725/2009
Procedural Posture
Review Application / Judgment
Outcome
Application for review granted; respondent's decision set aside and substituted with an order to grant the liquor licence.
Judges
B.R. du Plessis
Legal Topics
Promotion of Administrative Justice Act, Liquor Licensing, Judicial Review, Exercise of Discretion
Administrative Law Civil Procedure Promotion of Administrative Justice Act Liquor Licensing Judicial Review Exercise of Discretion

Case Brief

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Parties

Caroline Street Liquor Store CC

Applicant

Gauteng Provincial Liquor Board

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the respondent lawfully exercised its discretion under section 30(3) of the Gauteng Liquor Act when refusing the applicant's liquor licence application.
  2. 2 Whether the respondent's decision constitutes administrative action reviewable under PAJA.
  3. 3 Whether the applicant is entitled to substitution of the administrative action rather than remittal.

Ratio Decidendi

The respondent failed to exercise its discretion as required by section 30(3) of the Gauteng Liquor Act and instead refused the application solely on the basis of proximity to another licensed premises. This mechanical application of the statutory distance criterion, without considering the absence of objections or other relevant factors, constitutes a failure to act for a reason authorised by the empowering provision. The decision is therefore reviewable under section 6(1)(e)(i) of PAJA. Given the circumstances, remitting the matter to the respondent would result in a foregone conclusion, and substitution of the decision is appropriate. The respondent is ordered to grant the applicant's...

Court Disposition

Application for review granted; respondent's decision set aside and substituted with an order to grant the liquor licence.

Orders

  • The decision of the respondent not to grant the applicant a liquor store licence in respect of Caroline Street Liquor Store, Shop Number 8, Martiq Building, Erf 3988, 23 Caroline Street, Hillbrow, Region F1, Johannesburg, is reviewed and set aside.
  • The respondent is ordered immediately to grant the applicant's application for a liquor store licence.