Attorney General (Butler) v Sheehan

• Jurisdiction: Ireland
• Court: High Court (Irish Free State)
• Judgment Date: 02 June 1927
• Date: 02 June 1927

High Court.

Attorney-General (Butler) v. Sheehan

THE ATTORNEY-GENERAL, at the suit of SUPERINTENDENT GEORGE BUTLER

Complainant

and

JOHN SHEEHAN, Defendant (1)

Licensing Acts - Offence - Publican's licence - Forfeiture - Convictions recorded on licence - Licence transferred - Convictions not recorded on transferee's licence - Non-compliance with statutory requirements as to delivery up of forfeited licence - Meaning of "licence" - Licensing Act, 1872 (35 & 36 Vict. c. 94), sects. 30, 33, 55, sub-sect. 5 - Licensing Act (Ir.), 1874 (37 & 38 Vict. c. 69), sect. 37 - Intoxicating Liquor (General) Act, 1924 (No. 62 of 1924), sects. 16, 17, 18.

Case Stated.

The following is a copy of the case stated by District Justice D. B. Sullivan, and dated the 4th January, 1927:—

"This is a case stated by me, the Justice sitting at the District Court for the County Borough of Cork, on the application in writing of the defendant, John Sheehan, who is dissatisfied with my determination (hereinafter set forth), as being erroneous in point of law, for the opinion of the High Court of Justice in Saorstát Éireann éireann.

1. In or about the year 1917 Ellen Sheehan, of 50 Old Market Place, in the City of Cork, became the licensed proprietor of the premises 50 Old Market Place aforesaid, and the seven-day licence attached thereto. The said Ellen Sheehan carried on the trade of licensed publican on the said premises.

2. On the 25th day of September, 1923, Ellen Sheehan was convicted at the Cork District Court of the offence of selling intoxicating liquor during prohibited hours on the 4th day of September, 1923, and fined the sum of £6, and 2s. for costs, and the conviction was ordered to be recorded on the licence of the said Ellen Sheehan. The said conviction was duly recorded, and notice of the conviction and record was sent by the clerk of the Court to Messrs. J. J. Murphy & Co., Ltd., Leitrim Street, Cork, the owners of the said premises.

3. On the 19th day of May, 1925, Ellen Sheehan was convicted at the Cork District Court of the offence of opening for sale of intoxicating liquor during prohibited hours on the 26th day of April, 1925, and fined the sum of £6, and 2s. for costs, and the conviction was ordered to be recorded on the licence of the said Ellen Sheehan. The said conviction was duly recorded, and notice of this conviction and record was sent by the clerk of the Court to the said J. J. Murphy & Co., Ltd., the owners of the said premises.

4. There were also two convictions of, the said Ellen Sheehan in respect of offences in connection with the said premises, which were not ordered to be recorded.

5. On the 16th day of June, 1925, an ad interim transfer of the said licence from Ellen Sheehan to the defendant, the said John Sheehan, was granted at the Cork District Court, and the said transfer was confirmed on the 30th day of September, 1925. The said licence was duly renewed on the 30th day of September, 1926.

6. The licence issued (after the said transfer) to the said John Sheehan by the Inland Revenue Authorities contained no mention of the previous recorded convictions of the said Ellen Sheehan; and it is not the custom of the Inland Revenue authorities when issuing a new licence to endorse on it any previously recorded convictions.

7. The said John Sheehan traded in the said premises, and on the 22nd day of November, 1926, said John Sheehan was convicted at the Cork District Court of the offence of opening for sale of intoxicating liquors during prohibited hours on the 18th day of October, 1926, and fined £8, and 2s. costs, and the conviction was ordered to be recorded on the licence of the said John Sheehan; and on the said 22nd day of November, 1926, John Sheehan was convicted at the Cork District Court of the offence of opening for sale of intoxicating liquors during prohibited hours on the 24th day of October, 1926, and fined £10, and 2s. costs, and this conviction was ordered to be recorded on the licence of the said John Sheehan. Both of these convictions were duly recorded on the licence of the said John Sheehan, and notice of the convictions and records were sent by the clerk of the Court to the said J. J. Murphy & Co., Ltd., the owners of the said premises. No appeals are pending in respect of the said convictions of the 22nd day of November, 1926, or either of them.

8. The said John Sheehan continued to trade in the said premises after the said 22nd day of November, 1926; and on the 25th day of November, 1926, the said John Sheehan exposed for sale by retail intoxicating liquor at the said premises, No. 50 Old Market Place, Cork.

9. At the Cork District Court, held on the 17th day of December, 1926, the complainant, the Attorney General of Saorstát Éireann éireann, at the suit of George Butler, who is a Superintendent of the Civic Guards, charged the said John Sheehan with having, on the 25th day of November 1926, at 50 Old Market Place, in the County Borough of Cork, unlawfully sold, exposed for sale, or kept for sale, by retail, intoxicating liquor, to wit, beer, wine, and spirits, he not being duly licensed to sell the same, contrary to the Intoxicating Liquor (General) Act, 1924; and the defendant, John Sheehan, was convicted of the offence of exposing intoxicating liquors for sale as charged, and fined 20s., and 2s. costs, the remaining counts being withdrawn.

10. If the said John Sheehan was duly licensed on the 25th day of November, 1926, then no offence was committed by him on that date.

11. All the facts appearing in the foregoing ten paragraphs were proved or admitted.

12. The complainant contended that the said licence of the defendant was forfeited prior to the said 25th day of November, 1926, by virtue of sect. 18, sub-sect. 1, of the Intoxicating Liquor (General) Act, 1924. The defendant contended that the said licence was still in full force and effect.

13. The opinion of the Court is sought as to whether I was right in law in convicting the said John Sheehan on the 17th day of December, 1926."

The Intoxicating Liquor (General) Act, 1924 (No. 62 of 1924), sect. 18, sub-sect. 1, enacts: "Where the holder of a licence of any description for the sale of intoxicating liquor by retail (whether for consumption on or off the premises) on which two convictions are recorded is convicted of an offence the conviction for which is required by this or any other Act to be recorded, or is lawfully ordered by the Court to be recorded, on the licence of the person convicted thereof, such licence shall thereupon be forfeited."

E. S., a licensed publican, was convicted of an offence against the licensing laws on two occasions, and both convictions were ordered to be, and were, recorded on her licence. Subsequently E. S. assigned her interest in the premises to J. S., and on the 16th June, 1925, an ad interim transfer of the licence was granted to J. S. at the District Court, and this transfer was confirmed on the 30th September, 1925, whereupon the Inland Revenue authorities issued a licence to J. S. He obtained a renewal of the licence on the 30th September, 1926. The licence so issued by the Inland Revenue authorities made...