Re Cummins, Applicant

• Jurisdiction: Ireland
• Judgment Date: 01 February 1964
• Date: 01 February 1964
• Court: High Court

In re Cummins, Applicant.

In the Matter of the Licensing Acts 1833 to 1960And in the Matter of the Intoxicating Liquor Act 19601960 Sections 13 and 15: THOMAS JOSEPH CUMMINS

Applicant.

Licensing - Licence - Application for declaration that premises, when altered as proposed, would be fit and convenient to be licensed - Substantial building development in neighbourhood - Whether existing licensed premises adequate to meet demand - Evidence - Whether application premature - Fitness and convenience of premises - Intoxicating Liquor Act, 1960 (No. 18 of 1960),ss. 13 and 15.

Appeals from the Circuit Court.

The applicant, Thomas Joseph Cummins, obtained an order in the Circuit Court (His Honour Judge Conroy), granting a declaration, pursuant to the provisions of s. 15 of the Intoxicating Liquor Act, 1960, in respect of premises, known as Granitefield, at Rochestown Avenue, in the County of Dublin. Appeals against the making of the said order were taken in the High Court by two groups of objectors: 1, a number of householders resident in Rochestown Avenue, and 2, holders of ordinary seven-day licences within the area covered by a radius of approximately one mile from Granitefield.

The facts have been summarised in the head-note and are set out fully in the judgment of Murnaghan J., post.

The applicant intended to alter certain premises and to apply, pursuant to s. 13 of the Intoxicating Liquor Act, 1960, for a certificate entitling him to receive a licence for the sale of intoxicating liquor on the premises. Accordingly he applied for, and obtained, in the Circuit Court a declaration, made under the provisions of s. 15 of the said Act, that the premises would be fit and convenient to be licensed. Certain objectors, residents and owners of licensed premises in the neighbourhood of the applicant's premises, appealed to the High Court from the order of the Circuit Court. The applicant's premises was formerly a large private residence standing in its own grounds in a residential area with a low density of population, but in recent years there had been substantial building development in the neighbourhood and it was likely that such development would continue. At the hearing of the appeal the objectors relied upon the alleged unfitness or inconvenience of the premises, the number of previously licensed premises in the neighbourhood, the unfitness of the applicant and the probable detrimental effect upon the businesses conducted in licensed premises in the neighbourhood. No direct evidence of the inadequacy of the existing licensed premises was adduced by the applicant at the hearing of the appeal.

Held by Murnaghan J. 1, that the objection based upon the alleged unfitness or inconvenience of the premises was no longer valid in view of the changed circumstances affecting the premises;

2, That the objection based upon the number of previously licensed premises in the neighbourhood had been established since it had to be considered in the light of the circumstances proved to exist at the time of the hearing of the application for such declaration, and the evidence showed that the existing licensed premises were adequate to meet the demand for such premises at that time;

3, That, accordingly, the declaration should be refused and the order of the Circuit Court set aside.

Cur. adv. vult.

Murnaghan J. :—

The applicant, Thomas Joseph Cummins, obtained an order in the Circuit Court granting a...