Rahill v Brady

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 31 July 1971
• Date: 31 July 1971
• Docket Number: [1969. No. 123 SS.]

Rahill v. Brady

PHILIP RAHILL and JOSEPH GOODE

Appellants

and

THOMAS BRADY

Respondent.

[1969. No. 123 SS.]

Supreme Court

Licensing Acts - Occasional licence - Special event - Sales at livestock mart held twice weekly - Statute - Interpretation - Ordinary meaning of word - Appeal - Point of law - Question of law and fact - Intoxicating Liquor Act, 1962 (No. 21 of 1962), s. 11, sub-s. 1.

Thomas Brady was the holder, as nominee, of a licence for the sale of intoxicating liquor at an hotel in County Cavan. On application to the District Court he obtained an order authorising him to sell intoxicating liquor at a livestock mart, to which no licence was attached, in the town of Cavan on each Tuesday and Thursday in the month of April, 1969, when sales of cattle and pigs were to be held. The order was made pursuant to s. 11, sub-s. 1, of the Intoxicating Liquor Act, 1862, which enables a District Justice to make the order if he so thinks fit and if he is "satisfied that a special event"is to be held at premises to which no licence has been attached. Certain objectors were dissatisfied with the decision of the District Justice and they appealed by Case Stated to the High Court on the ground that the decision of the District Justice was erroneous on "a point of law" because the biweekly sales in the livestock mart could not be special events within the meaning of s. 11 of the Act of 1862. The High Court (Butler J.) Allowed the objectors' appeal and on further appeal by Brady it was

Held by the Supreme Court ( Ó Dálaigh ó dálaigh C.J., Budd and FitzGerald JJ.), in affirming the order of the High Court, 1, that the issue to be determined was one which involved a point of law and, accordingly, that the decision of the District Justice was open to review by way of Case Stated.

2. That the interpretation of the phrase "special event" in s. 11, sub-s. 1, of the Act of 1962 was to be found by an application of the ordinary meaning of the word "special", and without reference to the word "occasional" which was merely used in the designation of the licence mentioned in the section.

3. That bi-weekly sales of cattle and pigs in a county town at a place normally used for that purpose only were not special events within the meaning of s. 11, sub-s. 1, of the Act of 1962.

Pill v. Furse [1933] 2 K.B. 308 considered.

Case Stated.

The Case was stated and signed by District Justice J. J. Delap on the 12th June, 1969, pursuant to s. 2 of the Summary Jurisdiction Act, 1857, as amended by s. 51 of the Courts (Supplemental Provisions) Act, 1961. Those provisions enable a Case to be stated by a District Justice for the opinion of the High Court on "a point of law" in certain circumstances.

The Case was stated as follows:—

"1. At the sitting of the District Court held in Cavan on the 13th day of March, 1969, the respondent, Thomas Brady, applied for occasional licences for the sale of intoxicating liquor at the premises of Brady Brothers Ltd. at Farnham Road, Cavan, on the 1st, 3rd, 8th, 10th, 15th, 17th, 22nd, 24th and 29th days of April, 1969, pursuant to s. 11 of the Intoxicating Liquor Act, 1962, on the grounds that a special event was being held at the premises of Brady Brothers Ltd. on the said dates.

2. A copy of the notice of application was served on the Superintendent Garda Síochána, Cavan, at least 48 hours prior to the date of the Court. Inspector Donegan, Cavan, who represented the Gardai, stated in Court that the Gardai had no objection to the application.

3. Philip Rahill and Joseph Goode are holders of ordinary publicans' licences in respect of premises at Coleman Road, Cavan, and as such appeared to have a bona fide interest in the application and they objected to the application on the grounds that a special event was not taking place on the dates set out.

4. The facts proved or adduced at the hearing were as follows:—

• (a) The respondent is the holder of an ordinary publican's on-licence in respect of premises known as Court View Hotel, Cootehill, County Cavan. The respondent holds the said licence as a nominee of Brady Brothers Ltd. of which he is a director and shareholder.

• (b) Brady Brothers Ltd. are also the owners of a salesyard and premises at Farnham Road, Cavan, to which no licence for the sale of intoxicating liquor is attached.

• (c) Brady Brothers Ltd. have since August, 1967, carried on the business of a livestock mart at the said salesyard and premises. Cattle sales are held on the Tuesday of each week and pig sales are held on the Thursday of each week in the salesyard which is the only such mart in the town of Cavan. This mart has superseded a traditional monthly fair which was held in Cavan. The sale of livestock is the only business carried on in the mart.

• (d) The premises and salesyard are situated on an avenue off the main Cavan-Arva Road. The appellants' licensed premises are the nearest licensed premises to the salesyard and are approximately one half mile on the Cavan side of the yard. There are no licensed premises for several miles on the Arva side of the salesyard.

• (e) Livestock sales are similar to one another and there is nothing unusual about any of the sales.

• (f) Farmers usually present their livestock for sale at the mart two or three times a year but may attend on other occasions to study the trend of the markets. Farmers from County Cavan and the adjoining Counties of Longford, Leitrim and Monaghan support the mart and the livestock is conveyed to the mart in the mornings before the sales commence. Buyers from all over the country and sometimes from England and Wales attend the mart.

• (g) The mart became fully operative in the month of March, 1968, when the foot and mouth epidemic ended in England, and since that month Brady Brothers Ltd. have applied for and have been granted occasional licences for the sale of intoxicating liquor in the mart.

• (h) The average number of cattle sold per week for the 42 weeks prior to December, 1968, was 460, and between 50 and 100 litters of pigs were sold weekly during the same period. The average weekly takings from the sale of intoxicating liquors, soft drinks and tobacco during the same period amounted to £89-5-3d. of which the average gross weekly profit was £27-0-0d. and the average nett weekly profit was £14-0-0d. Light meals, snacks and sandwiches are also available in the mart premises.

• (i) Payments for livestock sold are made by cheque which is sent by post to the farmers on the day after the sales.

• (j) The continuous presence of buyers and sellers in or near the mart premises helps towards the smooth operation of the sales as prices have to be confirmed and queries raised from time to time by Department of Agriculture officials who attend the sales have to be answered, but there are other marts in Cavan, Leitrim and Meath which operate smoothly and to which no licences for the sale of intoxicating liquor are attached. Brady Brothers Ltd. operate other marts in Cootehill, County Cavan and Carnaross, County Meath, and occasional licences are applied for and granted in respect of these premises.

• (k) There is no statutory definition of the term "special event"contained in the Intoxicating Liquor Act, 1962.

5. It was contended on behalf of the appellants:—

• (a) That there was no evidence that a special event was taking place in the salesyard and premises at Farnham Road, Cavan, on each of the dates in April set out in the application.

• (b) That there cannot be over 100 special events in the same place at the same time on the same day of each week in each year, and that the frequency of an event deprives the event of being "special".

• (c) That there is nothing to prevent the respondent from applying for an occasional licence in respect of these premises for each day of the year except Sundays, Christmas Day and Good Friday.

6. It was contended for the respondent that each sale of cattle and pigs in the salesyard constituted a special event within the meaning of s. 11 of the Intoxicating Liquor Act, 1962, being special events in the neighbourhood and/or for the sellers of livestock and/or for the buyers of livestock and the granting of an occasional licence was conducive to the comfort and convenience of those attending the sales.

7. Having heard the evidence adduced in support of the said application and the submissions made on behalf of the appellants and respondent, I granted the application and I held that each sale at the mart premises constituted a special event within the meaning of s. 11 of the Intoxicating Liquor Act, 1962, and I granted the application.

8. The opinion of the High Court is sought as to whether upon the said statement of facts my determination was correct in point of law."

The order of the High Court which was made on foot of the judgment, supra, directed that the Case should be remitted to the District Court so that the District Justice could enter continuances. The respondent, Thomas Brady, appealed to the Supreme Court from the judgment and order of the High Court.

Cur. adv. vult.

Butler J.:—

Thomas Brady, the respondent in this Case Stated, is the holder of an ordinary publican's licence for premises in Cootehill, County Cavan. He holds this licence as nominee of Brady Brothers Ltd. of which he is a director. This company are also the proprietors of a livestock salesyard in the town of Cavan where they carry on the business of a livestock mart and hold sales on the Tuesday and Thursday of each week. These sales are the only business carried on in the salesyard. They are similar to one another and there is nothing unusual about any of the sales. Since the salesyard became fully operative in the month of March, 1968, the respondent has applied for and obtained occasional licences pursuant to s. 11 of the Intoxicating Liquor Act, 1962, for the sale of intoxicating liquor at the salesyard on the occasion of each sale. The present appeal is...