Re McLoughlin's Application

JurisdictionIreland
Judgment Date10 March 1963
Date10 March 1963
CourtHigh Court
Ir re McLoughlin's Application.
In the Matter of the Licensing (Ireland) Act, 1902 Section 2, para. 2. And in the Matter of an Application of MARGARET McLOUGHLIN of Number 1 Longford Terrace Monkstown in the County of Dublin in respect of the Premises 1 Longford Terrace aforesaid

Statute - Amendment - Application to Circuit Court pending at date of amendment and founded upon alleged compliance with unamended provisions of statute - Whether application should be determined after such date without regard to amendment - Licensing (Ireland) Act, 1902 (2 Edw. 7, c. 18), s. 2 -Interpretation Act, 1937 (No. 38 of 1937), s. 21, sub-s. 1 - Intoxicating Liquor Act, 1960 (No. 18 of 1960), s. 21, sub-s. 1.

Circuit Appeal.

The applicant, Margaret McLoughlin, duly served notice on the 3rd March, 1960, of her intention to apply to the Circuit Court for the grant of a certificate entitling her to receive a licence for the sale of intoxicating liquors for consumption on her premises, No. 1 Longford Terrace, Monkstown, in the County of Dublin. Her application was heard in part on the 31st May, 1960, and, at the resumed hearing on the 8th July, 1960, was refused by the Circuit Judge (Judge Conroy) on the ground that her premises did not then satisfy the requirements of para. 2, of s. 2 of the Licensing (Ireland) Act, 1902. The said para. 2 had been amended on the 4th July, 1960, by the passing on that date of the Intoxicating Liquor Act, 1960. The applicant appealed from such refusal to the High Court on the ground that her application should have been determined without regard to such amendment.

The relevant facts have been summarised in the headnote and appear fully in the judgment of Davitt P., post.

The applicant, who was the owner of certain hotel premises, on the 3rd March, 1960, served notice of her intention to apply to the Circuit Court for the grant of a certificate entitling her to obtain a licence for her premises by virtue of the provisions of para. 2 of s. 2 of the Licensing (Ireland) Act, 1902. At that date those provisions required the applicant, at the hearing of her application, to establish (inter alia) that her premises contained at least 10 apartments set aside and used exclusively for the sleeping accommodation of travellers. At the hearing of the application on the 31st May, 1960, the Circuit Judge would have been disposed to grant the application but for the fact that the furnishing of the 10 apartments had not been completed and he adjourned the hearing, without having ruled upon the objections to the application, so as to enable the applicant to complete such furnishing. On the 4th July, 1960, the Intoxicating Liquor Act, 1960, was passed, and, by s. 21, sub-s. 1, amended the provisions of the said para. 2 so as to require 20 apartments set aside and used as aforesaid in relation to premises situate in a county borough (as defined). The applicant completed the furnishing of the 10 apartments and at the resumed hearing of her application on the 8th July, 1960, the Circuit Judge refused to grant the application on the ground that the applicant's premises, being within a county borough, did not have 20 apartments so set aside and used. The applicant appealed to the High Court.

Held by Davitt P. 1, that when the Intoxicating Liquor Act, 1960, was passed on the 4th July, 1960, the applicant had not acquired a right, protected by s. 21, sub-s. 1, of the Interpretation Act, 1937, to have a certificate granted as the Circuit Court Judge had not then made any adjudication upon the objections raised at the hearing of the application;

2, That any right which the applicant might have acquired to have her application determined in accordance with para. 2 of s. 2 of the Licensing (Ireland) Act, 1902 (unamended), was not a right which was protected by the provisions of s. 21, sub-s. 1, of the Interpretation Act, 1937, as those provisions only operated upon rights under a repealed enactment and any such right of the applicant was derived from the common law and not from the said s. 2 (unamended);

3, That the circumstances of the applicant's application fell within the principle of the common law rule that the rights of parties in proceedings pending when a statute is passed shall be determined in accordance with the law in existence at the commencement of the proceedings unless the statute contains provisions showing a clear intention to provide otherwise;

4, That accordingly, as no such contrary intention appeared in s. 21, sub-s. 1, of the Intoxicating Liquor Act, 1960, and there, were no other grounds for refusal, the application should be granted.

Cur. adv. vult.

Davitt P. :—

This is an appeal from the refusal by the licensing authority for the City and County of Dublin to grant a new licence for certain hotel premises at 1, Longford Terrace, Monkstown.

The premises had been used as a large dwelling-house, and the appellant purchased them on the 26th...

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5 cases
  • Bloomer v Incorporated Law Society of Ireland
    • Ireland
    • High Court
    • 22 September 1995
    ...regime. It was submitted by Counsel for the Society, on the authority of dictum of Davitt P. in In re McLoughlin's Application (1963) I.R. 465 at page 470 to the effect that it is not an invariable rule that the rights of the parties to proceedings must be determined in accordance with the......
  • Mullins v Harnett
    • Ireland
    • High Court
    • 1 April 1998
    ...V WOOLWICH UNION 1917 2 KB 374 AG V MARQUESS OF HARTFORD 1849 3 EX 670 HITCHCOCK V WAY 1837 6 AD & EL 973 MCLOUGHLINS APPLICATION, IN RE 1963 IR 465 O'LEARY, R V JUSTICES OF KERRY 3 NIJR 251 ATHLUMNEY, IN RE 1968 2 QB 551 HAMILTON V HAMILTON 1982 IR 466, 1982 ILRM 290 NON-FATAL OFFENCES AG......
  • Quinlivan v Governor of Portlaoise Prison
    • Ireland
    • High Court
    • 1 January 1998
    ...1; [1989] I.L.R.M. 342, H.C.; [1991] I.L.R.M. 250, S.C. McDonald v. Bord na gCon (No. 2) [1965] I.R. 217. In Re McLoughlin's Application [1963] I.R. 465. O'H v. O'H [1990] 2 I.R. 558; [1991] 1 I.L.R.M. 108. The People (Director of Public Prosecutions) v. Kavanagh (Unreported, Special Crimin......
  • F. v F. (Judicial Separation)
    • Ireland
    • Supreme Court
    • 30 November 1995
    ...8th May, 1978). Green v. Rozen [1955] 1 W.L.R. 741; [1955] 2 All E.R. 797. K v. K. [1988] I.R. 161. In re McLoughlin's Application [1963] I.R. 465. N. (Otherwise K.) v. K. [1985] I.R. 733; [1986] I.L.R.M. 75. Consultative case stated. The facts have been summarised in the headnote and are f......
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