Application of Walls

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

(H.C.)

Application of Walls

Demolished premises - Immediate vicinity - Whether new premises in immediate vicinity of demolished premises -Meaning of "immediate vicinity" - Effect of transfer of licence on licensed premises in neighbourhood of new premises - Intoxicating Liquor Act, 1960 (No. 18 of 1960), ss. 14 and 15.

Section 14 of the Intoxicating Liquor Act, 1960 provides inter alia that, where licensed premises are demolished, a new licence may be granted by the Court within two years of the demolition for suitable premises either on the site of the demolished premises or in the immediate vicinity thereof. The applicant W, as nominee of I.C., sought a declaration under s. 15 of the Act that unlicensed premises owned by I.C. in Upper O'Connell Street which wereintended to be altered and reconstructed in accordance with the plans lodged with the application would, when so altered and reconstructed, be fit and convenient to be licensed for the sale of intoxicating liquor for consumption on the premises. I.C. also owned premises known as C.B. at the corner of Hawkins Street and Townsend Street distant from the O'Connell Street premises by 733 yards by the most convenient public thoroughfare. The river Liffey intervened between the two premises. The application was based upon s. 14 of the Intoxicating Liquor Act and I.C. intended to demolish C.B. and have the licence attached thereto extinguished and a new licence in lieu thereof granted in respect of the Upper O'Connell Street premises. The application came before the Circuit Court and was refused. The applicant...