Re Bannerton

JurisdictionIreland
JudgeMR. JUSTICE BARRON
Judgment Date23 February 1984
Neutral Citation1984 WJSC-HC 1006
Date23 February 1984
CourtHigh Court
Docket NumberNo. 1 S S./1984

1984 WJSC-HC 1006

No. 1 S S./1984
BANNERTON ,IN RE

and

Synopsis:

- [1986] IR 758 - [1984 ILRM 662

1

JUDGMENT OF MR. JUSTICE BARRON DELIVERED THE 23RD FEBRUARY 1984**???query??????

2

The question raised by the case stated is whether the applicant is entitled to a renewal of his licence in respect of the premises known as the Mount Hotel, Dunlo Hill, Ballinasloe, County Galway notwithstanding the absence of evidence that the hotel is registered in the Register of Hotels kept by Bord Failte Eireann.

3

The premises now known as the Mount Hotel Ballinasloe were first licensed on the 29th March 1960 under the provisions of paragraph (ii) of Section 2 of the Licensing (Ireland) Act, 1902. This licence was renewed annually in each succeeding year until the year 1975. In February 1976 the licence was transferred on an ad interim transfer. No confirmation of such ad interim transfer was applied for at the annual licensing sessions in September 1976. The next application for a licence or a renewal of a licence in respect of the premises was made to the Galway Circuit Court on the 28th of July 1978. The Notice of Application was headed: In the Matter of the Licensing Acts 1833 to 1962. In the matter of Section 15 (1) of the Intoxicating Liquor Act 1960. And in the Matter of Section 13 and Section 23 of the Intoxicating Liquor Act 1960. And in the matter of Section 17 of the Intoxicating Liquor Act 1960as amended by Section 32 of the Intoxicating Liquor Act 1962. No order of the Circuit Court on the hearing of the application was made up. However, the certificate of the County Registrar which is dated the 29th of September, 1978 so far as it is material is as follows:-

4

"I Geraroid O'Domhnaill, County Registrar, of the County of Galway do hereby certify pursuant to the Orders of the Court made at Galway in the County of Galway on the 28th day of July 1978 and pursuant to the provisions of the aforementioned Acts that Owen Gannon the above named applicant of Dunlo Hill, Ballinasloe in the County of Galway, publican, is entitled to receive an excise licence described as a hotel licence for the sale of intoxicating liquor for consumption on his premises known as Mount Hotel situate at Dunlo Hill, Ballinasloe Barony of Clonmacnoon and County of Galway being the premises comprising basement, ground floor and first floor shown edged by a red line on the plan lodged in Court and on the site location map endorsed on said plan".

5

An ad interim transfer of that licence was granted to the Applicant on the 7th March, 1979 and confirmed at the annual licensing sessions for that year. The licence was then renewed at each of the annual licensing sessions held in the years 1980 and 1981. At the application to renew the licence at the annual licensing sessions for the year 1982, objection was taken on behalf of the Gardai that the hotel was not registered in the Register of Hotels kept by Bord Failte Eireann. The ground of objection was that, since the licence was one granted under the provisions of section 2 (ii) of the Licensing (Ireland) Act 1902, since the passing of the Intoxicating Liquor Act, 1960, Section 20 of that Act applied to the renewal of such licence. Section 20 is as follows:-

6

"20. An application for a certificate for the renewal of a licence" which was granted after the passing of this Act by virtue of paragraph (2) of Section 2 of the Act of 1902 shall not be granted unless it is shown to the satisfaction of the Court...

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