At para 2.94 it is said: should be noted that there are no powers for a licensing authority to refuse a “It licence on the grounds of limiting competition or protecting any other types of business, or to attach any conditions to the grant of a licence for such purposes.” A further circular, 28/1985, dated 27 September 1985 deals solely with the licensing of street traders. Therein at para 2 the Secretary of State’s view is repeated that licensing of the optional activities should be introduced only where it is shown to be necessary to prevent crime, to preserve public order or safety or protect the environment. A circular dealing with planning matters, 6/2011, stated: contain the Government’s policy on the implementation of legislation “Circulars or procedures”. From these it may be concluded that Parliament had in mind nothing other than the above when enacting the legislation and clearly did not seek to allow local authorities the power to interfere with contractual relations between parties. While the main purpose of the condition may not be aimed at limiting competition or protecting other businesses this is a consequence since, as counsel for the pursuer pointed out, schools are competing against snack vans for custom. Food in schools is not free with certain exceptions (sec 53(2) and (3) 1980 Act). It is clear from what is said that Parliament did not contemplate that the licensing system would be used by local authorities to involve itself in the running of businesses once a licence had been granted to carry out a particular activity whether in setting standards or regulating contracts. At para [35] Lord Hope stated: absence of any mention in this material of a wish to provide for the “The protection of consumers to the licensing system is not surprising, in view of the ways that this need can be and is being met through primary legislation enacted by Parliament”. In the current case the quality of the food that consumers buy from the pursuer is covered by legislation to be found elsewhere. If Parliament had intended to provide for the protection of consumers by means of conditions under the licensing system
At para 2.94 it is said: “It should be noted that there are no powers for a licensing authority to refuse a licence on the grounds of limiting competition or protecting any other types of business, or to attach any conditions to the grant of a licence for such purposes.” A further circular, 28/1985, dated 27 September 1985 deals solely with the licensing of street traders. Therein at para 2 the Secretary of State’s view is repeated that licensing of the optional activities should be introduced only where it is shown to be necessary to prevent crime, to preserve public order or safety or protect the environment. A circular dealing with planning matters, 6/2011, stated: “Circulars contain the Government’s policy on the implementation of legislation or procedures”. From these it may be concluded that Parliament had in mind nothing other than the above when enacting the legislation and clearly did not seek to allow local authorities the power to interfere with contractual relations between parties. While the main purpose of the condition may not be aimed at limiting competition or protecting other businesses this is a consequence since, as counsel for the pursuer pointed out, schools are competing against snack vans for custom. Food in schools is not free with certain exceptions (sec 53(2) and (3) 1980 Act). It is clear from what is said that Parliament did not contemplate that the licensing system would be used by local authorities to involve itself in the running of businesses once a licence had been granted to carry out a particular activity whether in setting standards or regulating contracts. At para [35] Lord Hope stated: “The absence of any mention in this material of a wish to provide for the protection of consumers to the licensing system is not surprising, in view of the ways that this need can be and is being met through primary legislation enacted by Parliament”. In the current case the quality of the food that consumers buy from the pursuer is covered by legislation to be found elsewhere. If Parliament had intended to provide for the protection of consumers by means of conditions under the licensing system
scottish-case.docx