Application of Power Supermarkets Ltd

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 01 January 1969
• Date: 01 January 1969

(H.C.)

Application of Power Supermarkets Ltd

Demolished premises - Application for declaration - Premises proposed to be altered - Immediate vicinity - Location of "new premises" - Whether "new premises" in the immediate vicinity of "original premises" -Adverse effect on other licensed premises by reason of new location - Intoxicating Liquor Act, 1960 (No. 18 of 1960), ss. 14 and 15.

The applicant successfully applied in the Circuit Court in Dublin for an order pursuant to s. 15 (1) of the Intoxicating Liquor Act, 1960, declaring that the premises known as Jonathan's Café situate at No. 39, Grafton Street in the City of Dublin would, when altered in accordance with the plans supplied, be fit and convenient to be licensed for the sale of intoxicating liquor for consumption on the premises and by virtue of the provisions of s. 14 of the Act of 1960. The appellants appealed against part of such order contending that the provisions of s. 14 (1) (c) of the Act of 1960 had not been complied with in that the new premises were not in the immediate vicinity of the original premises and in that the location of the new premises where they were rather than on the site of the original premises was likely to have a materially adverse effect on the business of the licensed premises in the neighbourhood. Jonathan's Café was situate 720 yards by the normal route from the original premises; both...