Re Ward

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 01 January 1967
• Date: 01 January 1967

(S.C.)

In re Ward

Demolished premises -External walls left standing - Whether premises demolished - Application for licence for new premises in lieu of demolished premises - Location of new premises - Whether new premises in immediate vicinity of original premises - Meaning of "immediate vicinity" - Intoxicating Liquor Act, 1960, s. 14.

Sect 14 of the Intoxicating Liquor Act, 1960, provides inter alia that where licensed premises are demolished, a new licence may be granted by the Court for suitable premises in the immediate vicinity. The applicant, W. was the nominee of P. Ltd., a company which acquired licensed premises at Coal Quay, Cork, which were distant by the shortest route approximately 312 yards from unlicensed premises in St. Patrick's Street, Cork, owned by the company. The company acquired the premises at Coal Quay for the purpose of demolishing them and transferring the licence to the St. Patrick's Street premises. The Coal Quay premises were demolished to the extent that the entire interior was virtually gutted, the external walls and part of the top floor only remaining. The premises after this work had been done, were fit for no useful purpose. W.applied as nominee of P. Ltd. for a licence in respect of the St. Patrick's Street premises on the grounds that the...