Walsh v Pollokshaws Magistrates and Others: HL 3 Dec 1906

The Licensing (Scotland) Act 1903 does not interfere with the discretion of the Licensing Authority, and consequently an action to reduce a deliverance of such licensing authority save on the ground of its having exceeded its statutory jurisdiction, or its having refused a hearing allowed by statute, or of actual corruption, is irrelevant.
A licence-holder brought a reduction of the deliverance of the Licensing Authority refusing to renew the licence. He averred that the proceedings had been illegal and oppressive in respect (1) that an objection to the renewal, on the ground that the premises were insanitary and the district congested, had been given effect to, although no evidence had been led in support of the objection, and the applicant had offered to carry out any alteration of the premises which might be suggested; and (2) that the refusal was in pursuance of a preconceived policy of reducing the number of licences as being too numerous. Held [ aff. judgment of First Division (Seven Judges)] that the action was irrelevant.
Lundie v. Falkirk Magistrates, October 31, 1890, 18 R. 60, 28 S.L.R. 72, approved and followed.
The Licensing (Scotland) Act 1903 is divided into Seven Parts. Part I deals with ‘Constitution of Licensing and Appeal Courts.’ Part II deals with ”Powers, Duties, and Procedure of Licensing and Appeal Courts,” and in section 22 gives an appeal from the Licensing to the Licensing Appeal Court. Part VI deals with ”Legal Proceedings,” and in section 103 provides-”No warrant, sentence, order, decree, judgment, or decision made or given by any quarter sessions, sheriff, justice or justices of the peace, or magistrate, in any cause, prosecution, or complaint, or in any other matter under the authority of this Act, shall be subject to reduction, suspension, or appeal, or any other form of review or stay of execution, on any ground or for any reason whatever other than by this Act provided.”
Opinion ( per Lord Chancellor Lore-burn) that while section 103, looking to its terms, could not apply to a decision of a Licensing Court, the same result was reached in that the conferring in section 22 of an appeal to a particular court impliedly excluded all other appeal.
Opinion (per Lord Davey) that section 103 applied only to such decisions as were given under the authority of that Part of the Act.’

Lord Chancellor (Loreburn), Lords Halsbury, James of Hereford, Davey, and Robertson
[1906] UKHL 64, 44 SLR 64
Bailii
Licensing (Scotland) Act 1903
Scotland

Licensing

Updated: 13 January 2022; Ref: scu.625473