Re Flynn, Applicant

• Jurisdiction: Ireland
• Judgment Date: 28 March 1963
• Date: 28 March 1963
• Court: High Court

(H.C.)

In re Flynn

Application for declaration in respect of premises proposed to be constructed - Meaning of "premises" - Restriction -Distance from existing licensed premises - Mode of measurement - Buildings and car park - Car park a part of premises - Premises "fit and convenient to be licensed" - Grounds of objection -Detriment to quiet enjoyment of adjoining properties - Licensing Acts, 1883-1953 - Intoxicating Liquor Act, 1960, ss. 13, 15 - Intoxicating Liquor Act, 1962, s. 20 (2).

T.F. brought an application in the Dublin Circuit Court under s. 15 (1) of the Intoxicating Liquor Act, 1960, for a declaration that premises proposed to be constructed by him at Moorefield, Roebuck, County Dublin, would when constructed in accordance with the plans lodged with the application, be fit and convenient to be licensed. The said plans showed that the proposed building, which alone it was intended should be licensed, would be set back from the public thoroughfare from which it would be separated by a car park, the property of the applicant. Such a car park was a requirement of the town planning authority. The application, which was opposed by the Garda Siochána, by owners of residential and other properties in the vicinity of the proposed premises and by owners of licensed premises in the neighbourhood, was refused by the Circuit Court Judge on the ground that the granting of a licence in respect of the proposed premises would be prohibited by the provisions of s. 20, sub-s. 2 (a) of the Intoxicating Liquor Act, 1962. On appeal to the High Court it was held by Teevan J. 1, that on an application for a declaration under s. 15 of the Intoxicating Liquor Act, 1960, the Court must consider, inter alia,the restriction imposed by s. 22 of the Act of 1962 on the granting of a certificate under s. 13 of the Act of 1960 and must be satisfied, inter alia, that the distance between the two terminals mentioned in s. 20, sub-s. 2, of the Act of 1962 has been measured...