Application of Power Supermarkets Ltd

JurisdictionIreland
Judgment Date01 January 1969
Date01 January 1969
CourtHigh Court
(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...

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3 cases
  • Re Tivoli Cinema Ltd
    • Ireland
    • High Court
    • 24 January 1992
    ...V SHANNON 70 ILTR 151 IRISH CINEMAS LTD, IN RE 106 ILTR 17 INTOXICATING LIQUOR (NATIONAL CONCERT HALL) ACT 1983 POWER SUPERMARKET LTD 103 ILTR 137 GUINEY, IN RE 75 ILTR 110 REDDY, STATE V JOHNSON UNREP SUPREME 31.7.80 1980/18/3219 GORMAN, IN RE UNREP MCWILLIAM 31.7.1980 WRIGHT, R V CORK J......
  • O'Rourke v Grittar
    • Ireland
    • Supreme Court
    • 8 February 1995
    ... ... which no licence is attached and, at the proceedings in the Court in relation to such application, the applicant shows to the satisfaction of the Court that - (a) in respect of each of two premises ... 533; The King (Henderson) v. Justices of Louth [1911] 2 I.R. 312 and Application of Power Supermarkets Ltd.IR [1988] I.R. 206 considered. The respondent appealed to the Supreme Court where ... ...
  • Application of Perfect Pies Ltd
    • Ireland
    • High Court
    • 1 January 1994
    ...1987/7/1912 CHARTON INVESTMENTS, IN RE UNREP O'HANLON 4.8.87 1987/5/1380 WARD, IN RE 1966 IR 413, 101 ILTR 161 POWERS SUPERMARKETS LTD 103 ILTR 137 COMPETITION ACT 1991 URBAN RENEWAL ACT 1986 Synopsis: EVIDENCE Onus of proof Discharge - Negative - Establishment - Applicant - Prima facie pr......

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