O'Connor v Fahy and Attorney-General

• Jurisdiction: Ireland
• Court: High Court
• Judgment Date: 29 July 1945
• Date: 29 July 1945

O'Connor v. Fahy

PATRICK O'CONNOR

Applicant

and

SUPERINTENDENT FAHY and THE ATTORNEY-GENERAL

Respondents.

Practice - Appeal Right of appeal from the Circuit Court - Application fora publican's licence - Appeal from an order of the Circuit Court "in acivil action or matter" - Licensing (Ir.) Act, 1833 (3 & 4 Wm. 4, c. 68) -Courts of Justice Act, 1924 (No. 10 of 1924), ss. 48, 49, 50, 51 and 61 -Courts of Justice Act, 1936 (No. 48 of 1936), s. 38, sub-s. 1 - Costs.

Appeal from the Circuit Court.

The applicant, Patrick O'Connor, applied to the CircuitCourt for a six-day publican's licence. The application wasopposed by Superintendent Fahy of the Civic Guard. TheCircuit Court Judge (Judge Fawsitt) refused to grant theapplication on the ground that there were too manylicensed houses in the neighbourhood in proportion tothe population. This was the ground upon which theSuperintendent of the Civic Guard opposed the granting ofthe application.

The applicant appealed to the High Court on Circuitand the appeal came on for hearing at Sligo on the 7th July,1943, when counsel for the respondents raised the preliminaryobjection that no appeal lies from the decision ofthe Circuit Court in a licensing application.

On the question of costs:—

Applicant applied to the Circuit Court for a six-day publican's licence.The Circuit Court Judge refused the application and the applicant appealedto the High Court on Circuit. A preliminary objection was raised that noappeal lies from the decision of the Circuit Court in a licensing application.

Held that the decision of the Circuit Court Judge in a licensing applicationis a judgment or order in a civil case or matter and is not included in thecategory of cases in which no appeal lies. Accordingly there is a right ofappeal to the High Court from such a decision.

Cur. adv. vult.

The reserved judgment was delivered in Dublin.

Haugh J.:—

This was an application by Mr. O'Connor for a certificateto enable him to obtain a six-day licence. He applied foran order of this nature to the Circuit Court Judge at Sligoand served all the necessary parties. Only one party—the Superintendent of the Civic Guard came in to object,and he objected on one ground only, viz.:—that there weretoo many licensed houses in proportion to the population.The facts were agreed and showed that the applicant wasthe owner of the premises which were quite suitable. Theywere licensed before 1902. The applicant is of excellentcharacter and...