TRE TRAKTÖRER AKTIEBOLAG v. SWEDEN JUDGMENT
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6. The activities shall be carried on in such a way as not to be aimed at a young
public, i.e. under 22 years of age. The licence-holder is therefore obliged to take this
into account, inter alia when advertising.
The County Administrative Board recalls that the licence has been granted on the
assumption that the provision of cooked food will be a major part of the business and
that the company, in accordance with its ‘programme’, does not intend to run a
discotheque. It is further noted that the company has undertaken to discourage too
young a clientele by its choice of music and by not playing recorded music.
The County Administrative Board orders that serving shall end at 2 a.m."
18. On 18 January 1983 the Social Council of Helsingborg appealed to
the National Board of Health and Welfare (socialstyrelsen) against this
decision and requested that the licence be revoked. The Council referred to
the results of the audit and to the fact that the special conditions
accompanying the licence had not been complied with.
In the latter respect the Council relied on the report of an inspection
carried out at the restaurant on 13 February 1982. This revealed, inter alia,
that the restaurant was then overcrowded, many customers not having seats;
that most of the customers, whose ages ranged from 18 to 25, were 18 years
old; and that in the upper part of the premises there was a discotheque which
was open all evening. According to the conditions of the licence, there was
to be live dance-music and activities were to be aimed at young people
above the age of 22.
On 10 February 1983 the applicant company was given an opportunity to
file observations on the appeal. It did so on 22 March 1983.
19. On 13 July 1983 the National Board of Health and Welfare quashed
the County Administrative Board’s decision of 7 January 1983 (see
paragraph 16 above). After reciting the contents of section 64(1) and of
section 64(2) (as amended in 1982) of the 1977 Act (see paragraphs 27-28
below), it gave the following reasons:
"The provisions of section 64(2) of the 1977 Act are connected, inter alia, with the
requirement in section 40 of the 1977 Act that a new holder of a licence must be
suitable. This requirement of suitability has in practice been considered to include a
requirement of personal suitability to sell alcoholic beverages, an activity involving
great social responsibility. As regards companies, this requirement is applicable to
those individuals who have a considerable influence on the business.
The unsuitability of the licence-holder which constitutes a reason for revoking the
licence may be of many different types. In the Bill 1981/1982: 143, page 82, economic
mismanagement, even if it is not criminal, is given as one example of personal
unsuitability.
According to section 70 of the 1977 Act, the book-keeping of a business involved in
the sale of alcoholic beverages must be such as to permit control of the business.
In the instant case the County Administrative Board referred to an audit report as the
basis for its decision. From this report it appears that the book-keeping of AB