Re Camillo

• Jurisdiction: Ireland
• Judge: GRIFFIN J.
• Judgment Date: 23 March 1988
• Neutral Citation: 1988 WJSC-SC 28
• Court: Supreme Court
• Date: 23 March 1988
• Docket Number: [1987 No. 125 SC],(125/87)

1988 WJSC-SC 28

THE SUPREME COURT

Walsh J.

Griffin J.

Hederman J.

(125/87)

CAMILLO v. O'REILLY

IN THE MATTER OF THE GAMING AND

LOTTERIES ACT, 1956

AND IN THE MATTER OF AN APPLICATION

FOR A GAMING CERTIFICATE

BEETWEEN/

GUIDO D. CAMILLO

Appellant

and

SUPERINTENDENT O'REILLY

Notice Party

Citations:

GAMING & LOTTERIES ACT 1956 S4(1)(c)

GAMING & LOTTERIES ACT 1956 S4(2)

GAMING & LOTTERIES ACT 1956 S12

GAMING & LOTTERIES ACT 1956 S13(1)

GAMING & LOTTERIES ACT 1956 S14

GAMING & LOTTERIES ACT 1956 S15

GAMING & LOTTERIES ACT 1956 S15(1)

GAMING & LOTTERIES ACT 1956 S15(4)

GAMING & LOTTERIES ACT 1956 S15(5)

GAMING & LOTTERIES ACT 1956 S15(6)

GAMING & LOTTERIES ACT 1956 S19

GAMING & LOTTERIES ACT 1956 S13(4)

BUCKLEY & ORS (SINN FEIN) V AG 1950 IR 67

GAMING & LOTTERIES ACT 1956 S18(3)

GAMING & LOTTERIES ACT 1956 S18

Synopsis:

LICENCE

Validity

Duration - Gaming - Amusement hall - Refusal of certificate - Appeal to Circuit Court - Rescission by local authority of adoption of relevant legislation - Appeal pending at date of rescission - ~See~ Gaming & Lotteries, licence - (125/87 - Supreme Court - 23/3/88) - [1988] I.R. 104 - [1988] ILRM 738

|Camillo v. O'Reilly|

GAMING & LOTTERIES

Licence

Issue - Court - Jurisdiction - Certificate authorising issue - Power to grant certificate - Adoption of relevant statute by local authority - Adoption rescinded - Section 12 of the Act of 1956 states that Part III of the Act (ss. 12–20) shall not have effect in any area unless there is for the time being in force a resolution under s. 13 of the Act adopting Part III for that area - Section 13, sub-s. 1, of the Act provides that a local authority may by resolution adopt Part III in respect of the whole or a specified part of its administrative area, and may by resolution rescind such adoption - Section 15, sub-s. 1, of the Act states that the District Court may grant a certificate authorising the issue of a licence permitting gaming at an amusement hall or funfair, and sub-s. 6 of s. 15 states that a certificate granted under the section "shall not be invalidated by the subsequent rescission" of a resolution under section 13. Sub-section 5 of s. 15 states that the certificate shall specify the period in the particular year to which it relates for which the licence is to be issued - Section 18, sub-s. 1, of the Act confers on an applicant for a certificate a right of appeal to the Circuit Court from an order of the District Court refusing his application - Sub-section 3 of s. 18 states that, where the applicant is the holder of a "subsisting licence", the licence shall continue in force pending the determination of an appeal against such refusal - Pursuant to a certificate of the District Court granted under s. 15, sub-s 1, a licence permitting gaming at the appellant's premises was issued to him - The appellant's premises were within the administrative area of the relevant local authority and the licence was expressed to relate to the period from 15/9/82 until 31/8/83 - On 14/9/83 the appellant applied to the District Court pursuant to s. 15 of the Act for a new certificate authorising the issue of a new gaming licence in respect of his premises for the period 14/9/83 until 31/8/84 - The District Justice dismissed that application on the ground that the appellant had failed to comply with the conditions attached to the licence which had recently expired - On the same day the appellant appealed to the Circuit Court from the order of the District Court - The hearing of the appeal was adjourned on several occasions - By its resolution dated 27/1/86 the local authority rescinded the resolution by which it adopted Part III of the Act in respect of its area - The Circuit Court judge stated a Case for the opinion of the Supreme Court on whether he was entitled to determine the appeal notwithstanding that rescission - Held that the appellant's licence had expired on 31/8/83 - Held that after that date the appellant had not been "the holder of a subsisting licence" within the meaning of s. 18, sub-s. 3, of the Act so that there was no licence which could continue in force pending the determination of his appeal - Held that the judge had no jurisdiction to determine the appeal after Part III of the Act had ceased to have effect by virtue of the said rescission and the provisions of ss. 12 and 13 of the Act - Held that the local authority's rescinding resolution did not constitute an unwarrantable interference with the operation of the Courts in respect of proceedings pending before them: ~Buckley & Others (Sinn Fein) v. The Attorney General~ [1950] I.R. 67 distinguished - Gaming & Lotteries Act, 1956, ss. 12, 13, 15, 18 - Constitution of Ireland, 1937, Articles 6, 34, 40 - (125/87 - Supreme Court - 23/3/88) - [1988] I.R. 104 - [1988] ILRM 738

|Camillo v. O'Reilly|

1 JUDGMENT delivered the 23rd day of March 1988 by GRIFFIN J. [NEM DISS,]

2 S. 4(1)(c) of the Gaming and Lotteries Act, 1956provides that no person shall promote or assist in promoting or provide facilities for any kind of gaming by means of any slot-machine. Such gaming is by ss. (2) of s. 4 referred to in the Act as unlawful gaming. Part III of the Act however provides for the licensing of amusement halls and funfairs. It is provided by s. 12 that Part III shall not have effect in any area unless there is for the time being in force a resolution under s. 13 adopting it for that area.

3 S. 13(1) of the Act provides that:-

"a local authority may by resolution adopt Part III in respect of the whole or a specified part of its administrative area and may by resolution rescind such adoption."

4 On the 7th May 1956 the Dublin City Council by resolution adopted Part III of the Act in respect of the whole of the County Borough of Dublin.

5 By virtue of s. 14 of the Act, gaming carried on at an amusement hall or funfair shall not be unlawful gaming if (inter alia) it is carried on in accordance with a licence, the stake in each game is not more than 2½ pence for each player, and no player may win more than the value of fifty pence in each game. S. 15 provides for the granting of a certificate for a gaming licence, and the relevant portions thereof are in the following terms:

6 "15(1) The District Court may grant a certificate authorising the issue of a licence permitting gaming at an amusement hall or funfair.

7 (4) The Court may attach to the certificate conditions limiting the hours during which gaming may be carried on, restricting the kinds of gaming and the extent to which particular kinds of gaming may be carried on, limiting the amount of the stakes and of prizes and prohibiting or restricting gaming by persons under specified ages.

8 (5) The certificate shall specify the period in the particular year to which it relates for which the licence is to be issued.

9 (6) A certificate granted under this section shall not be invalidated by the...