Re Kitterick

• Jurisdiction: Ireland
• Judgment Date: 01 January 1971
• Date: 01 January 1971
• Court: Supreme Court

(S.C.)

In re Kitterick

Declaration of fitness and convenience - Proposal to construct premises to which licence to be attached - Conditions in declaratory order - Whether planning permission required at declaratory stage - Statutory requirements - Intoxicating Liquor Act, 1960 (No. 18), ss. 15, 17.

A person who proposes to constructpremises and then to apply for a certificate entitling him to receive a licence for the sale of intoxicating liquor on the premises when constructed is enabled by the provisions of s. 15 of the Intoxicating Liquor Act, 1960 to apply to the Circuit Court for a declaration that the proposed premises would be fit and convenient to be licensed. Section 17 of the Act of 1960 provides that, where a declaration has been made under s. 15 and the premises have been constructed in substantial accordance with the terms of the declaration, it shall not be open to the Court to refuse to grant a certificate on any ground other than the character, misconduct or unfitness of the applicant. At the hearing of a Case stated by the High Court it was Held by the Supreme Court, 1, that it is an implied term of a declaration made by a court pursuant to s. 15 of the Act of 1960 that the proposed premises will be built and constructed in accordance with the relevant laws, such as those relating to town planning, building and fire...