Re O'Brien
| Jurisdiction | Ireland |
| Judgment Date | 01 January 1974 |
| Date | 01 January 1974 |
| Court | High Court |
Declaration of fitness - Proposed premises - Relevant objections -Traffic hazard - Initial application - Intoxicating Liquor Act, 1960 (No. 18) ss. 13, 15.
The applicant applied unsuccessfully to the Circuit Court pursuant to s. 15 of the Act of 1960 for an order declaring that certain proposed premises. if constructed in accordance with the plans produced, would be fit and convenient to be licensed pursuant to s. 13 of the Act. The applicant appealed to the High Court. Sections 15 and 13 provide (inter alia) that the court may make such declaration unless it declines to do so on the ground (a) of the unfitness or inconvenience of the new premises, (b) of the number of previously licensed premises in the neighbourhood or (c) of the fact that a licence for the new premises would be unreasonably detrimental to the business of some existing licensed premises in the neighbourhood. Held, by Budd J., in dismissing the appeal. 1. that the evidence did not support the view that the granting of a licence for the new premises would be unreasonablydetrimental to the trade of the three neighbouring licensed businesses owned by...
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Kingston v Licensing Act
...1833 S4 R (MARSHALL) v TYRONE 1895 2 IR 174 POWER SUPERMARKETS, RE 1988 IR 206 R (COLLINS) v DONEGAL 1903 2 IR 533 THOMAS O'BRIEN, RE 1974 108 ILTR 141 INTOXICATING LIQUOR ACT 1960 S15(5) COURTS OF JUSTICE ACT 1936 S38 O'CONNOR v FAHY 1945 IR 50 OSHAWA, RE 1992 2 IR 425 TIVOLI CINEMA, RE 1......