Sheehan v District Justice Reilly

JurisdictionIreland
JudgeMr. Justice Barron
Judgment Date01 January 1992
Neutral Citation1991 WJSC-HC 2400
Docket Number20 JR/91,[1991 No. 20 & 23 J.R.]
CourtHigh Court
Date01 January 1992
SHEEHAN v. REILLY
JOSEPH SHEEHAN
APPLICANT

AND

DISTRICT JUSTICE MICHAEL C. REILLY
RESPONDENT

1991 WJSC-HC 2400

20 JR/91
23 JR/91

THE HIGH COURT

Synopsis:

EVIDENCE

Estoppel

Licence - Terms - Licensee - Obligation - Absence - Failure of licensee to challenge terms - Licensee not estopped from challenging revocation of licence - (1991/20 & 23 JR - Barron J. - 19/4/91) - [1992] 1 I.R. 368

|Sheehan v. Reilly|

LICENCE

Revocation

Validity - District Court - Powers - Public dancing licence - Public music and singing licence - Conditions attaching to licences - Stipulation failing to create an obligation - Purported revocations without breach of conditions - Estoppel - Public Health Acts Amendment Act, 1890, s. 51 - Public Dance Halls Act, 1935, s. 11 - (1991/20, 23 JR - Barron J. - 19/4/91) 1992 1 I.R. 368

|Sheehan v. Reilly|

WORDS AND PHRASES

"Conditions"

Licence - Stipulation - Obligation - Creation - Failure - Revocation of licence - Validity - (1991/20 & 23 JR - Barron J. - 19/4/91) - [1992] 1 I.R. 368

|Sheehan v. Reilly|

Citations:

LICENSING ACTS 1833 – 1988

PUBLIC HEALTH ACTS (AMDT) ACT 1890 S51

PUBLIC DANCE HALLS ACT 1935 S11(2)

PUBLIC DANCE HALLS ACT 1935 S6(1)

PUBLIC DANCE HALLS ACT 1935 S6(2)

PUBLIC DANCE HALLS ACT 1935 S11(1)

PUBLIC HEALTH ACTS (AMDT) ACT 1890

PUBLIC DANCE HALLS ACT 1935

PUBLIC HEALTH ACTS (AMDT) ACT 1890 S51(9)

PUBLIC HEALTH ACTS (AMDT) ACT 1890 S51(2)

1

Judgment of Mr. Justice Barron delivered on the 19th day of April 1991.

2

The Applicant is the owner of a night club now known as Arthurs Warehouse which is situate at 67 Robert Street, Limerick. The Applicant is the holder of a seven-day ordinary licence and a restaurant certificate in respect of the premises. He applied for and obtained a public music and singing licence and a public dancing licence for the said premises. The public dancing licence was granted on the 27th September 1990 and the public music and singing licence was granted on the 29th November 1990.

3

Each of these two licences was granted subject to conditions. The public dancing licence was subject to the following conditions:

4

2 "1. That the said premises shall not be opened for public dancing except during the period from 29th November 1990 to the next annual licensing District Court for said Court area;

5

2. Granted subject to compliance with the fire officer's conditions in relation to the premises;

6

3. Granted subject to compliance with the Licensing Acts 1833 to 1988;

7

4. Granted with liberty to T. Dalton Solicitor for Objectors to re-enter proceedings on 48 hours' notice".

8

The public music and singing licence was granted subject to the following conditions:

9

2 "1. The licence shall continue in force and effect until the date of the next annual licensing District Court for the said Court area unless the same shall have been previously revoked as provided by the Acts.

10

2. There shall be affixed and kept up in some conspicuous place on the door or entrance of the said premises an inscription in large capital letters in the words following:- Licensed in pursuance of Act of the Oireachtas for public music and singing.

11

3. The said place shall not be open for any of the said purposes except during the following hours that is the hours during which the premises may lawfully be open for the sale of intoxicating liquor.

12

4. The grant of the licence shall be subject to compliance with the conditions of the fire officer of which a copy is attached hereto.

13

5. Granted with liberty to T. Dalton Solicitor for Objectors to have matter re-entered in Court List on 48 hours' notice to Licensee and Gardai".

14

Both of these licences were re-entered on the 17th January 1991 and an Order was made by the Respondent in each case revoking the licence as and from that date. The Orders are in common form and after referring to the conditions contained in the licences the Orders continued:

"And whereas the said Solicitor for the Objectors by notice in writing dated 14th January 1991 requested the re-entry of the said application before the District Court on 17th January 1991 and at Limerick District Court on the 17th January 1991 having heard the parties I did adjudge that the said music and singing licence/public dance licence be revoked as and from that date".

15

On the 22nd January 1991 the Applicant was given leave to apply for an Order of Certiorari by way of application for Judicial Review in respect of both Orders on similar grounds. In respect of the music and singing licence, the grounds were:

16

(1) That the Respondent had not the jurisdiction to revoke the said licence save in the circumstances expressly provided for in the Public Health Acts Amendment Act 1890 and in particular Section 51 thereof.

17

(2) No circumstances existed empowering revocation under the said Act at the time at which the Respondent made his said Order and that in the circumstances he acted ultra vires and in excess of jurisdiction.

18

In relation to the public dancing licence ground one referred to the Dance Halls Act 1935and in particular Section 11 (2) thereof, rather than to the 1890 Act and Section 51 thereof.

19

The facts may be stated simply. At the application for the grant of the two licences numerous Objectors in the neighbourhood opposed the granting of the licence on...

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