O'Rourke v Grittar

• Jurisdiction: Ireland
• Court: Supreme Court
• Judgment Date: 08 February 1995
• Docket Number: [S.C. No. 308 of 1990]
• Date: 08 February 1995

(H.C., S.C.)

(S.C.)

O'Rourke

and

Grittar

- Extinguishment of existing on-licences - Whether off-licence may be granted in lieu of extinguishment of on-licences - Whether off -licence "of the same character" as an on-licence - Intoxicating Liquor Act, 1960 (No. 18), ss. 13 (1)(a), (b), 13 (2)(b).

Section 1 of the Intoxicating Liquor Act, 1960, provides, inter alia, as follows:- "'on-licence' means a licence for the sale of intoxicating liquor for consumption either on or off the premises;… 'off-licence' means a licence for the sale of intoxicating liquor for consumption off the premises." Section 13 of the Act of 1960, provides, inter alia, as follows:- "(1) Where a person (in this section referred to as the applicant) duly gives notice of his intention to apply for a licence in respect of premises (in this section referred to as the new premises) to which no licence is attached and, at the proceedings in the Court in relation to such application, the applicant shows to the satisfaction of the Court that - (a) in respect of each of two premises (in this section referred to as the existing premises) a licence is in force and in respect of each licence either - (i)the applicant is the holder thereof, or (ii)if he is not the holder thereof he has procured the consent of the holder thereof to the extinguishing of the licence if and when a licence in respect of the new premises is granted to the applicant pursuant to this section, (b)the licences (in this section referred to as the old licences) attaching to the existing premises are of the same character…...