Re Powers Supermarkets Ltd
| Jurisdiction | Ireland |
| Court | High Court |
| Judgment Date | 01 January 1981 |
| Date | 01 January 1981 |
Declaration of fitness and convenience - Applicant seeking off - licence for supermarket - Statutory provisions applicable only to county boroughs - Carlow not a county borough - Procedure for acquiring off-licence not available - Application for a certificate that the entire food department would be fit and convenient to be licensed for the sale of intoxicating liquor for consumption on the premises - Whether arrangement "fit and convenient"- Anomalies in licensing legislation - Licensing (Ireland) Act. 1902 (2 Edw. 7 c. 18), ss. 2, 4 -Intoxicating Liquor Act, 1927 (No. 15), ss. 61, 62 - Intoxicating Liquor Act, 1960 (No. 18), s.15 - Intoxicating Liquor Act, 1962 (No. 21), s.28.
This was an appeal from an order of the Circuit Court under s. 15 of the Act of 1960, declaring that part of the applicant's premises, which premises were a supermarket, would be fit and convenient to be licensed for the sale of intoxicating liquor for consumption on the premises. The applicant required an off-licence, but was unable to obtain same under s. 62 of the Act of 1927, which section provides for the grant of an off-licence in lieu of an on-licence, because his premises were not situate in a county borough. Therefore, the applicant sought an...
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