Quinn v. Eadie and Others

Subject_1 Licensing Laws Subject_2 Hotel Subject_3 Confirmation Subject_4 “New Certificate” — Renewal of Certificate — Holder of Six-Day Certificate Granted a Seven — Day Certificate — Necessity of Confirmation — Personal Bar to Claim, No Confirmation Required — Licensing (Scotland) Act 1903 (3 Edw. VII, cap. 25), secs. 13 and 107.

Held that where an unrestricted certificate for his hotel is granted by the Licensing Court to the holder of a six—day certificate, the unrestricted certificate is not a “new certificate” within the meaning of the Act, and consequently does not require confirmation.

Circumstances in which held that the holder of a six-day licence had barred himself from maintaining that an unrestricted certificate granted to him by the Licensing Court did not require confirmation.

The Licensing (Scotland) Act 1903, enacts—Section 38 (1)—“Where on the occasion of an application for a new certificate or transfer or renewal of a certificate for an inn and hotel, the applicant at the time of his application applies to the Licensing Court to insert in his certificate a condition that he shall keep the premises in respect of which such certificate is or is to be granted closed during the whole of Sunday, the Licensing Court shall modify such certificate by the omission therefrom of the words ‘and travellers.’”

Opinion by the Lord President that it was not necessary to state in the application for an hotel certificate that the crave was for a six-day licence, but that the restriction was timeously brought before the Court when it was disposing of the application.