Centennial Properties

JurisdictionIreland
JudgeFinlay, P.
Judgment Date20 December 1983
Neutral Citation1984 WJSC-HC 1072
CourtHigh Court
Date20 December 1983

1984 WJSC-HC 1072

CENTENNIAL PROPERTIES
DUBLIN CIRCUIT APPEAL
LICENSING ACTS
-and-
CENTENNIAL PROPERTIES LIMITED

Words & Phrases: Convenient

Subject Headings:

LICENSING ACTS: licence; premises

1

Judgment delivered on the 20th day of December 1983by Finlay, P.

2

This is an Application for a Declaration under Section 15 of the Intoxicating Liquor Act, 1960to the effect that certain premises situate in the Tallaght area, if constructed in accordance with plans submitted with the Application would be fit and convenient to be licensed pursuant to Section 13 of the Act of 1960. Before the case was entered upon a preliminary issue arose as to the locus standi and right to be heard of certain objectors who were inhabitants of the parish in which the proposed premises would be located, and who had not appeared at the Circuit Court hearing from which this is an Appeal. It was submitted on behalf of the Applicants that I should deny to these persons any right of audience because only persons who had been objectors and in that sense parties to the original Application before the Circuit Court could be heard on the Appeal, I have already ruled in this case, having heard submissions on behalf of the Appellant that:-

3

(1) having regard to the fact that there is an Appeal properly before me, and brought by an objector, who did appear in the Circuit Court, namely Joseph Kilbride & Son Limited,

4

(2) having regard to the fact that under Section 13 of the Act of 1960 I am obliged to exercise discretion as to whether even when the statutory proofs have been complied with I should grant or refuse an Application on the grounds set out in Section 13(1) sub-clauses 1 and 2,and

5

(3) being satisfied that these objectors had failed to appear in the Circuit Court due to a bona fide mistake, that I had jurisdiction to hear them on the hearing of this Appeal, andit was in the interests of justice I should do so.

6

A further preliminary issue arose as a matter of law and this arose between the Appellants and Messrs Kilbride & Son Limited, and it was the question as to whether the existence of Kilbride & Sons Limited licensed premises, known as The Jobstown Inn, which are admittedly within one mile of the proposed site, brought into operation Section 20 of the Act of 1962, and thereby prohibited the granting of the Appellant's Application without vesting in me any discretion. The relevant provisions of Section 20 of the Intoxicating Liquor Act 1962are to be found in sub-clause 2(a) and are as follows:-

"An Application to the Circuit Court under Section 13 of the Act of 1960 shall not be allowed in respect of premises situate less than one mile measured by the shortest public thoroughfare from premises in respect of which there is in force a licence that was first granted on or before the 1st July 1960, and is of the same character as the licence that would fall to be granted if the Application wereallowed."

7

The premises, the Jobstown Inn, has an ordinary Publican's Seven Day Licence, and that is of the same character as the licence that would fall to be granted, if pursuant to a Declaration under Section 15 a licence issued under Section 13 in this case. The licensing history as proved before me of the Jobstown Inn was that it had been licensed probably from away back in the 1860's/70's, certainly at the time of the passing of the Licensing (Ireland) Act 1902, and remained so continuously licensed up to 1982. In 1982 the proprietors and owners of that public house decided to reconstruct it so as to make it significantly larger, the net floor space available to the public increasing by something approaching three-quarters, and making it thus more suitable for the carrying on of the business of the licence trade in it. They in fact submitted, proposals for extension and renovation which involved demolition of the part of the premises and the addition of one significant other part, and having received a declaration of approval for that, they subsequently carried out the reconstructionand were granted a licence under Section 6 of the Act of 1902. The net question which arose on this...

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3 cases
  • Re Whitesheet Inn Ltd
    • Ireland
    • High Court
    • March 19, 2003
    ... ... INTOXICATING LIQUOR ACT 2000 S18(1) INTOXICATING LIQUOR ACT 2000 S18(1)(ii) INTOXICATING LIQUOR ACT 2000 S18(1)(iv) CENTENNIAL PROPERTIES LTD, IN RE UNREP FINLAY 20.12.83 1984/4/1072 R (LESLIE) V MONAGHAN JUSTICES 1901 35 ILTR 35 LICENSING (IRL) ACT 1833 S4 ... ...
  • Re Bannerton
    • Ireland
    • Supreme Court
    • February 14, 1986
  • Doyle v Hearne (No. 2)
    • Ireland
    • Supreme Court
    • March 25, 1988
    ... ... 1962 S1(1) INTOXICATING LIQUOR ACT 1962 S18 INTOXICATING LIQUOR ACT 1960 S13 INTOXICATING LIQUOR ACT 1874 S37 CENTENNIAL PROPERTIES LTD, IN RE UNREP 20.12.83 1984/4/1072 INTOXICATING LIQUOR ACT 1902 S6 INTOXICATING LIQUOR ACT 1960 S27(4) ... ...

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