TRE TRAKTÖRER AKTIEBOLAG v. SWEDEN JUDGMENT
4
discrepancy, estimated at 93,000 Swedish crowns (SEK), concerned the sale
of beers, wines and spirits in that restaurant between March and June 1980.
The total turnover of the company during this period was 770,000 SEK.
12. As a result of the audit report the assessment of Mrs Flenman’s
personal taxable income for 1980 was increased by 100,000 SEK.
On 1 February 1988, however, the County Court (Länsrätten) reduced
this amount to approximately one half and the local tax department in
Helsingborg
issued
the
corresponding
reassessment
notice
(omräkningsbesked).
2. Criminal proceedings against Mrs Flenman
13. As a further result of the audit report, criminal proceedings were
also instituted against Mrs Flenman under section 10 of the Act on Tax
Offences (skattebrottslagen) for having, as a representative of AB
Citykällaren, deliberately or through gross negligence disregarded her bookkeeping obligations and thereby seriously hindered control by the fiscal
authorities (försvårande av skattekontroll). In the course of the hearing and
in the light of the evidence presented, the prosecution reduced the scope of
the charges it had originally brought on 23 February 1983.
On 27 May 1983 the District Court (Tingsrätten) of Helsingborg
acquitted her on the following grounds: it was not established either that the
result of the calculations concerning alcohol and tobacco could be explained
by book-keeping mistakes, or that the discrepancies regarding the period
from 6 to 17 March 1980, which were due to the absence of a cash register,
had been caused deliberately or through gross negligence; and the other
alleged discrepancies could not be considered to be of such a nature and
extent as seriously to hinder control, within the meaning of the said section
10.
B. Proceedings concerning the withdrawal of the licence
1. Introduction
14. In April 1982 TTA requested from the County Administrative
Board an extension of the serving hours at Le Cardinal from 1.00 a.m. until
3.00 a.m. The request was forwarded on 3 May 1982 to the Social Council
(socialnämnden) and to the Police Board (polisstyrelsen) of Helsingborg for
their observations.
On 10 June 1982 the Police Board submitted a negative opinion, on the
basis of a complaint filed against Mrs Flenman by the tax authority (see
paragraphs 11 and 12 above); in its opinion, her capacity to deal with the
serving of alcoholic beverages was open to doubt. The Social Council
likewise expressed a negative opinion on 5 July.