5
TRE TRAKTÖRER AKTIEBOLAG v. SWEDEN JUDGMENT
After TTA had been given the opportunity to file its own observations,
the County Administrative Board decided on 29 October 1982 to postpone
its ruling on the request until it had finally determined whether the company
could be considered fit to hold a licence to serve alcoholic beverages.
2. Proceedings before the County Administrative Board
15. The audit report of 17 September 1981 (see paragraph 11 above)
had been communicated to the competent section of the County
Administrative Board and, on 4 November 1982, it informed TTA of its
contents. The Board stated that it was considering withdrawing the licence
to serve alcoholic beverages under section 64(2) of the 1977 Act on the Sale
of Beverages (lagen om handel med drycker - "the 1977 Act"; see paragraph
27 below) and invited observations before 15 November 1982.
After TTA had filed observations, its representatives produced the
current books of the company to the County Administrative Board. They
stated that the discrepancies as regards the sale of alcoholic beverages were
due to thefts.
16. On 7 January 1983 the County Administrative Board decided to
issue an admonition under section 64 of the 1977 Act (see paragraph 27
below). The decision stated, inter alia:
"In view of what was established during the audit and as the company has not been
able to explain the discrepancies satisfactorily, the County Administrative Board finds
that there are reasons to revoke the licence under section 64 of the 1977 Act.
Accordingly, it ought to be revoked now. The only argument against a revocation is
that the negligence took place in the spring of 1980, that is almost three years ago. As
far as has been ascertained, no criticism has been levelled against the management of
the restaurant thereafter. Against this background, the County Administrative Board
has not found it necessary to revoke the licence. Instead it issues a serious admonition
against the company pursuant to section 64 of the 1977 Act."
17. On 14 January 1983 the County Administrative Board renewed until
further notice TTA’s previous licence, dated 9 November 1981. The
renewed licence contained, on its reverse side, the following special
conditions:
"REGULATIONS
1. This licence is not transferable.
2. There must be a person responsible for serving ....
3. Alcoholic beverages may not be served unless the person responsible or his or her
substitute is present ....
4. Any change of activity should be reported to the County Administrative Board ....
5. This licence or a copy thereof shall be exhibited in the restaurant.