R (Moore) v Justices of County Antrim

• Jurisdiction: Ireland
• Judgment Date: 25 January 1917
• Date: 25 January 1917
• Court: King's Bench Division (Ireland)

R. (Moore)

and

Justices of County Antrim (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.

1917.

Licensing Acts — Certificate of Justices — Renewal of Licence — Certiorari — Householders' Certificate — Necessity for Personal Signature — 3 & 4 Wm. 4, c. 68, s. 1; 37 & 38 Vict. c. 69, s. 14.

The certificate from householders as to the character and conduct of a publican's business required by sect. 1 of the Licensing (Ireland) Act, 1833 (3 & 4 Wm. 4, c. 68), is not an essential preliminary to the jurisdiction exercised by the justices under sect. 14 of the Licensing (Ireland) Act, 1874 (37 & 38 Vict. c. 69), in granting a certificate for the renewal of a licence.

Hence, certiorari does not lie to quash the order and adjudication of the justices acting under sect. 14 of the Licensing (Ireland) Act, 1874, or the certificate granted by them for the renewal of the licence, merely because the certificate from the householders is informal or invalid.

Semble: The certificate required by sect. 1 of the licensing (Ireland) Act, 1833, must be personally signed by the six householders.

Certiorari.

Application to make absolute a conditional order for certiorari to quash all orders and adjudications of the justices of the peace in and for the County of Antrim, made at the annual licensing petty sessions held at Carrickfergus on the 19th September, 1916, granting the application of William Sloan for the certificate in that behalf required to enable him to obtain a renewal of a publican's licence in respect of premises situate at North East Division, Carrickfergus, and also the said certificate.

The following grounds were set out in the conditional order:—1. That said order of renewal was made without jurisdiction. 2. That said order of renewal was made in excess of jurisdiction. 3. That the householders' certificate necessary for the renewal of said licence was not signed by six householders in pursuance of the statute. 4. That no certificate under the statute existed or was produced certifying to the good character of the applicant, and to the peaceable and orderly manner in which his publichouse was conducted during the preceding year. 5. That the householders' certificate produced in alleged compliance with

the statute was as to the names of the householders signed thereon a forgery.

It appeared from the affidavits that William Sloan was licensed in his own name in respect of a publichouse owned, kept, and managed by him at North East Division, Carrickfergus. There was no objection to the way in which the licensed premises had been conducted. At the annual licensing petty sessions held at Carrickfergus on the 19th September, 1916, William Sloan applied for the justices' certificate enabling him to obtain a renewal of his licence from the excise authorities in the ordinary way. For the purpose of his obtaining this certificate from the justices he produced a certificate purporting to be that required by sect. 1 of 3 & 4 Wm. 4, c. 68, that is to say, a certificate signed by six householders of the parish (two of them being residents of the townland in which such house is situated) to the good character of the applicant. In pursuance of this certificate from the householders, William Sloan obtained the certificate from the magistrates (under sect. 11 of the 17 & 18 Vict. c. 89, s. 16 of the 37 & 38 Vict. c. 69, s. 49 of 35 & 36 Vict. c. 94, and s. 2 of 37 & 38 Vict. c. 69) necessary to enable him to obtain a renewal of his licence. The signatures to the householders' certificate were not the personal signatures of the householders, but were all in the handwriting of William Sloan, who had signed the names, in each case upon receiving authority to do so from the person whose name was signed, but had not signed them in the presence of such person. In one case the authority was a general authority to sign given some years previously.

The following was the form of the householders’ certificate as required by 3 & 4 Wm. 4, c. 68, s. 1:— “We, the undersigned, being six householders in the parish of St. Nicholas, in the North East Division in the County of Antrim, two of us, namely, James Hayburn and John M'Auley, being residents of the said townland in which the house of William Sloan is situate, do hereby certify that the said William Sloan, who keeps a publichouse at North East Division, Carrickfergus, in the said parish, townland, and county...