1440 Nithsdale Road, Thornliebank, Glasgow. G64 8QE.
Trade Winds 1991.
Trade Winds advert 1978.
In the NEWS 1979...
Sheriff Blocks Move To Give Ex-Bailie A Pub Licence...
Strathclyde police yesterday won the latest round in a legal battle to prevent a former councillor being granted a hotel and pub licence.
They appealed after Glasgow District Licensing Court had granted the permanent transfer of a hotel licence to a former Glasgow District Council bailie, Gordon Kane, 32, and Tennent Caledonian Breweries.
In a written judgement at Glasgow Sheriff Court, Sheriff Alastair Horsfall has upheld the police appeal. He said the licensing board had "erred in law" in granting the transfer of the licence for the Trade Winds Hotel, Nitshill Road, Thornliebank, to Mr Kane.
The sheriff has remitted the matter to the board to give it the opportunity to reconsider its decision "in the light of my decision in law."
The board "may then quite properly simply confirm its previous decision if it sees fit to do so, or may come to a different decision," the Sheriff said.
Mr Kane of Pladda Crescent, Irvine, was granted the transfer to the licence with the brewers in March. The police then objected on the grounds that he was "not a fit and proper person" in view of his conviction for fraud and they asked the board to state its reasons for granting the application.
Mr Kane was sentenced to six months' imprisonment on charge of fraud involving £2700 three years ago.
Sheriff Horsfall said the board gave the opinion that Mr Kane's conviction could not be regarded as making him not a fit and proper person to be the holder of a licence.
The board said that because Mr Kane enjoyed the confidence of his employer and did not seek to hold the licence in his own name, it would not be justified in regarding him as not being a fit and proper.
Also, it is noted that he had managed the hotel since September, 1977, to the complete satisfaction of his employer. Sheriff Horsfall said the board had "erred in law." It referred to his fitness to be the holder of "a" licence. That could only mean "any licence."
If the employee was not a fit and proper person to be the holder of a licence generally, then it was irrelevant that the board might think that in some special circumstances he might be regarded as fit to be the holder, of a particular licence, such as in the case here where he was to be subject to the control and supervision of a large and powerful company.