Re Kiernan

• Jurisdiction: Ireland
• Judgment Date: 01 January 1965
• Date: 01 January 1965
• Court: Supreme Court

(S.C.)

In re Kiernan

Application for declaration that premises when built would be fit to be licensed - Valuation of premises - Certificate of provisional valuation not granted - Jurisdiction to grant certificate sought - Site of proposed premises - Site situate in County of Dublin but within Dublin Metropolitan District - Meaning of term "County Borough" - Intoxicating Liquor Act,1960, ss. 1, 3, 15, 17.

The applicant applied in the Circuit Court for a declaration in pursuance of s. 15 of the Intoxicating Liquor Act, 1960, in respect of premises which he proposed to construct on a site situate on Navan Road which, though in the County of Dublin was within the Dublin Metropolitan District. A certificate of valuation was not produced by the applicant it being stated that the Commissioner of Valuation would not issue a certificate of provisional valuation in respect of intended buildings not erected at the time when the valuation was sought. The application was opposed by one Giles Kelly on the grounds that in the absence of a certificate of valuation the rateable valuation of the proposed premises was not shown to be more than £10 as required by s. 13 (1) (c) of the Intoxicating Liquor Act, 1960, and that the proposed premises were situate in a County Borough, being within the Dublin Metropolitan District and were excluded by s. 13 (1) (d) of that Act. The objections were disallowed by the Circuit Court Judge (Judge Conroy) who made the declaration sought. From this order the objector appealed to the High Court and on hearing of the appeal Davitt P. stated a case for the decision of the Supreme Court. Held by the Supreme Court, that the objections be disallowed and that the learned President had jurisdiction to make the declaration sought by the applicant. Per O'Daly C.J.: ". . . in ordinary...