The appellants appealed a decision of the Licence Appeal Tribunal regarding the interpretation of s. 28(1) of Regulation 470 to the Funeral Directors and Establishments Act, which requires a funeral establishment's corporate name to be 'clearly disclosed to the public' on business signs.
The Tribunal had found that a large discrepancy in font size between the business name and the corporate name meant the corporate name was not clearly disclosed.
The Divisional Court allowed the appeal, holding that the Tribunal erred in law by focusing on relative font size rather than whether the corporate name was readable from the vantage point from which the sign was intended to be read.
The matter was remitted to the Complaints Committee for reconsideration.
