Murnane, Appellant; Adams, Respondent

JurisdictionIreland
Judgment Date19 January 1910
Date19 January 1910
CourtKing's Bench Division (Ireland)
Murnane
Applicants
and
Adams
Respondents (1).

K.B. Div.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1910.

Licensing law — License for house — Sale of spirits at bar in yard — Licensing Act, 1872 (35 & 36 Vict. c. 94), s. 3.

A was the owner of a house, with a yard and offices at the rear, the whole being enclosed by walls, and he held a license authorizing him to sell spirits, etc., in the house, for consumption on or off the premises. He opened a bar at the end of the yard, having an entrance from a street at the rear of the premises, and sold spirits there:—

Held, that the license authorized a sale in the house alone, and that A was guilty of the offence of selling spirits at a place where he was not authorized by his license to sell the same.

Case Stated under 20 & 21 Vict. c. 43.

At a Petty Sessions held at Lisnaskea, county Fermanagh, the respondent was charged as defendant in a summons on the complaint of the appellant herein, the District Inspector Royal Irish Constabulary, with the two following offences:—(1) that defendant on the 12th July, 1909, at Lissoneill, in said district (Lisnaskea), county Fermanagh, being a person duly licensed to sell by retail in his licensed public-house, at Lisnaskea, county Fermanagh, for consumption on his licensed premises, did sell by retail spirits, wine, and beer, at a place where defendant was not authorized by his license to sell the same, to wit, at a temporarily

constructed bar about 100 yards from said public-house; and (2) that defendant on the 12th July, 1909, at Lissoneill in said district and county, did unlawfully expose for sale by retail intoxicating liquors, to wit, spirits, wine, and beer, being at a place where he was not authorized by his license to sell the same.

At the hearing of the complaint the following evidence was given:—

Service on behalf of defendant of a notice of application to Quarter Sessions for transfer and confirmation of license to sell beer, wine, and spirits, by retail at his house was proved. (See form of this notice marked A, post, p. 177.)

Constable W. G. Pyne deposed: “I was on duty in Lisnaskea on 12th July, 1909. On the mountain road, leading to the new church, there is a gate which opens on the defendant's premises. On the date mentioned the said gate was open. About 12.15 p.m., I entered the said gate. I saw a bar inside the said gate about 4 yards from it, and bottles containing intoxicating liquors were exposed there for sale, and the defendant's cousin, Mr. John J. Adams, was in charge of the bar. At 3 o'clock p.m., I visited it again, and I saw a man named Morrison coming from the bar. There were drinking-vessels at the bar. I made the sketch marked B produced, of the premises (1). The point marked 8 indicates the defendant's shop in the main street. The point M M indicates the stables, which are two stories high; the underneath portion is used as stores. The house at M M separates the dwelling-house and small yard from the remainder of the premises. From B to C is portion of the main street. From C to D is the road leading from the main street past the new church. No. 9 is the gate inside of which the temporary bar was. From M M to the temporary bar is about 53 yards. From point 8 to C, and on to 9, is about 143 yards. Between the points 8 and C, there are three other shops belonging to other people.” Cross-examined. “There is complete communication between 8 and 9, at back, but 9 is approached from 8 through the second story of M M by stairs. The entire premises are enclosed by walls and buildings.”

The officer of Customs and Excise for the district produced

the “Entry Book” kept in pursuance of 30 & 31 Vict. c. 90, and proved the entry set out post, marked C.

The defendant produced his license (set out post, p. 178, marked D.) and certificate of valuation.

The defendant's solicitor contended that the defendant was authorized by his license to sell intoxicating liquors in the temporary bar, and the Justices, being of opinion that this contention was right, dismissed the complaint without prejudice, but on the application of the complainant stated the present case, requiring the judgment of the Court as to whether they were correct in point of law in their determination.

A.

Notice of Application to Quarter Sessions for Certificate for Publican's License.

Take notice that it is my intention to apply at the next Annual Licensing Quarter Sessions to be held at Newtown-butler, in and for the Division of Newtownbutler, and county of Fermanagh, on the 17th of October next, for a magistrate's certificate, to entitle me to receive a transfer and confirmation of a six-day license to sell beer, cider, and spirits by retail at my house, situate on the east side of the main street of the town of Lisnaskea in the townland of Lissoniel, barony of Magherastaphena, parish of Aghalurcher, and county of Fermanagh, at present in my occupation, and I reside therein.

Dated this 9th day of September, 1905.

Edward Adams, Applicant.

C.

Entry Paper 74.

I, Edward Adams, residing at Lisnaskea, in the parish of Aghalurcher, in the county of Fermanagh, do hereby make entry of the house and premises occupied by me as my residence, for the purpose of exercising and carrying on therein the trade or business of a publican for the sale of beer, spirits, and wine, and do hereby further make entry of the under-mentioned rooms, now in or upon the said house and premises, to be used in connexion with the said trade or business for the purposes hereinafter assigned thereto, respectively, that is to say:—Bar and three rooms adjoining each other, on the ground-floor as you enter from the main street, marked No. 1, No. 2, No. 3, and No. 4, respectively, and one room on first floor, marked No. 5, for the purpose of storing and selling beer, spirits, and wine, for consumption on the premises.

As witness my hand this 30th day of January, 1906.

(Signed) Edward Adams.

Received by me, and signed by Edward Adams in my presence, this 30th day of January, 1906.

P. Donnelly, Officer, Clones Station.

D.

Ireland.—Publican's License.

Dundalk Collection.

I, the undersigned, duly authorized by the Commissioners of Inland Revenue, hereby grant license to Edward Adams to exercise and carry on the trade or business of a retailer of spirits in a house situate at Lisnaskea, in the Parish of Aghalurcher, within the administrative County of Fermanagh, and known by the sign of a name, and to sell by retail therein spirits, wine, sweets...

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