Re Powers Supermarkets Ltd

Judgment Date01 January 1981
Date01 January 1981
CourtHigh Court
In re Powers Supermarkets Ltd

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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3 cases
  • Re Tivoli Cinema Ltd
    • Ireland
    • High Court
    • 24 January 1992
    ... 1983 IR 61 INTOXICATING LIQUOR ACT 1943 S23 CARRICKHALL HOLDINGS LTD V DUBLIN CORPORATION UNREP MCWILLIAM 20.6.82 POWER SUPERMARKET LTD 1981 ILRM 270 1 Judgment of the Honourable Mr. Justice Lynchdelivered the 24th day of January 1992. 2This is an appeal by some local inhabitants against ......
  • Power Supermarkets Ltd, Application of
    • Ireland
    • Supreme Court
    • 8 March 1988
    ...2 I.R. 312; 45 I.L.T.R. 8, 73. The State (Twomey) v. Circuit Court Judge of Midland Circuit [1932] I.R. 95. In re Power Supermarket [1981] I.L.R.M. 270. East Donegal Co-Operative Livestock Mart Limited v. Attorney General [1970] I.R. 317; (1970) 104 I.L.T.R. 81. Case Stated. The applicant c......
  • Kingston v Licensing Act
    • Ireland
    • High Court
    • 21 March 2006
    ...Liquor it cannot be lost save for gross breaches of the Licensing code. 151 In the Application by Powers Supermarket Limited, [1981] ILRM 270, the Applicant sought a Section 15 Declaration in respect of a Supermarket premises. The Application was granted in the Circuit Court subject to cond......

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