Fitzpatrick v McCormack

• Jurisdiction: Ireland
• Judgment Date: 30 July 1986
• Date: 30 July 1986
• Docket Number: [S.C. No. 145 of 1985]
• Court: Supreme Court

(S.C.)

Fitzpatrick

and

McCormack

Transfer - Ad interim transfer of publican's licence - Subsequent conviction of transferor for offences against licensing code - Effect of ad interim transfer - Statute - Interpretation - Licensed person - Holder of licence - Whether transferor the holder of the licence -Whether convictions endorseable on licence -Licensing (Ireland) Act, 1833 (c. 68), s. 15 -Licensing (Ireland) Act, 1836 (c. 38), s. 16 -Transfer of Licences (Ireland) Act, 1855 (c. 114), ss. 1, 2 - Licensing Act, 1872 (c. 94), s. 3 -Intoxicating Liquor Act, 1927 (No. 15), ss. 25, 28, 29, 30, 32 - Intoxicating Liquor Act, 1962 (No. 21), s. 34.

The plaintiffs, who were husband and wife, were the joint owners of a public house in respect of which an intoxicating liquor licence had been issued to the first plaintiff. The first plaintiff assigned his interest in the property to the second plaintiff and, subsequently, an application was made to the District Court for an ad interim transfer of the licence. The District Justice transferred the licence to the second plaintiff until the next annual licensing sessions and endorsed the licence accordingly. The first plaintiff had been summoned to the same sitting of the District Court charged with a number of offences of staying open after hours and, after the licence had been transferred, was convicted of those offences and fined. Some time later the District Court clerk wrote to the plaintiffs threatening to endorse the convictions on the licence and to inform the Revenue Commissioners of the consequential forfeiture of the licence maintaining that, notwithstanding the ad interim transfer, the first plaintiff was the holder of the licence for the purposes of Part III of the Intoxicating Liquor Act, 1927. The plaintiffs brought proceedings for a declaration that the first plaintiff was not the holder of the licence at the time of his conviction and for a declaration that those...