9
TRE TRAKTÖRER AKTIEBOLAG v. SWEDEN JUDGMENT
27. Until 1 July 1982, section 64 of the 1977 Act provided as follows:
"1. The licensing authority shall revoke the licence or limit it to certain beverages
where such sale of alcoholic beverages as takes place under a licence according to this
Act causes annoyance relating to public order, drunkenness or disturbance of the
peace or where the provisions of this Act or the conditions imposed under it are not
complied with. If it may be assumed that a satisfactory situation can be achieved
without such a severe measure, the licence-holder may instead be given an admonition
or special instructions.
2. The first paragraph also applies, mutatis mutandis, if the conditions for granting a
licence are no longer satisfied.
3. In cases covered by the first or the second paragraph the approval of a director or
a substitute director may be withdrawn."
28. The second paragraph of section 64 was amended in 1982 (SFS
1982:289); as from 1 July 1982, it has read as follows:
"The first paragraph also applies when the licence-holder can no longer be
considered suitable to sell alcoholic beverages or when for other reasons the
conditions for granting a licence are no longer satisfied."
In this connection, the Government’s Bill (p. 82) referred to recent
complaints filed before the National Board of Health and Welfare
concerning revocation of licences on account of economic mismanagement
by the licensee. The Bill also stated (p. 87) that the amendment would make
it clearer that economic mismanagement may be a reason for considering
the licence-holder unsuitable, even if the sale of alcoholic beverages has
been carried out in conformity with the applicable legislation. Only
considerable economic mismanagement is relevant in this connection.
Anyone who systematically mismanages the payment of taxes and
contributions or seriously disregards his obligations regarding book-keeping
or the supplying of information shall be considered unsuitable to hold a
licence. It is, however, not a condition that the mismanagement is criminal
or even intentional. A considerable degree of negligence in the performance
of these obligations can also constitute sufficient reason for intervention.
29. With regard to book-keeping, section 70 of the 1977 Act provides as
follows:
"The book-keeping of an establishment which carries on the sale of alcoholic
beverages shall be so organised as to permit control of the activities. The manager of
the establishment is obliged to produce the books of the establishment at the request of
the licensing authority. He is also obliged to produce statistical information pursuant
to the regulations issued by the Government or, after the Government’s decision, by
the National Board of Health and Welfare."
The travaux préparatoires of section 70 state that unsatisfactory bookkeeping is in itself proof of unsuitability to conduct a business involving the
sale of alcoholic beverages.