The King (Collins) v The Chairman and Justices of County Donegal

JurisdictionIreland
Judgment Date23 November 1902
Date28 November 1902
CourtKing's Bench Division (Ireland)

THE KING (COLLINS)
and

THE CHAIRMAN AND JUSTICES OF CO. DONEGAL

K. B. Div.

— Application by spirit grocer for publican's license.

(Burke) v. Recorder of DublinUNK 2 L. R. Ir. 385

Clitheroe's CaseUNKIR I. R. 11 C. L. 412.

Reg. v. KingELR 20 Q. B. D. 430.

VoL. II.] KING'S BENCH DIVISION. 533 believe were intended by the Legislature ; but not being able* to Appeal. gather from the cryptic character of its provisions what was 1903. intended, I am content to adhere as closely as possible to the FOGARTY principles that seem to underlie previous decisions. Weida & Co. Solicitor for the appellants : Gerald Byrne. Solicitor for Mrs. Fogarty : James Brady. R. D. M. THE KING (COLLINS) v. THE CHAIRMAN Ali]) JUS TICES OF CO. DONEGAL (1). Licensing (Ireland) Act, 1902 (2 Edw. 7, c. 18), 8. 2—Application by spirit grocer for publican's license. By section 2 of the Licensing (Ireland) Act, 1902, after the passing of the Act " no license shall be granted for the sale of intoxicating liquors, whether for consumption on or off the premises, except (1) for premises which are now licensed, or which were licensed at any time since the 1st day of January, 1902 " :— Held, that the words " license " and " licensed " must be read distributively, and that the exception in question did not entitle the holder of a spirit grocer's license to apply for a publican's license. CERTIORARI AND MANDAMUS. At the annual Licensing Quarter Sessions, held. on the 21st October, 1902, at Letterkenny, county Donegal, the prosecutor had applied for a publican's license in respect of his house and premises, he being at the time of such application a licensed spirit grocer carrying on business as such in the said premises. Objection was made on behalf of the District Inspector of Constabulary to the granting of such license on the ground that it was not competent to the Court to entertain the appliÂcation, having regard to the statute 2 Edw. 7, c. 18. The Court of Quarter Sessions adopted this view, and refused the application. (1) Before LORD O'BRIEN, L.C.J., and Gasos and .A1A.DDEN, J1. 534 THE IRISH REPORTS. [1903. .K. B. Div. The' prosecutor having obtained a conditional order for writs of 1902. certiorari and mandamus, the present application was on behalf of Tim KING the District Inspector to discharge such conditional order. (COLLINS) V. JUSTICES OF Dforphy (with him The Solicitor-General, Campbell, K. for DONEGAL. District Inspector J. A. Marks : This must be considered as an application for a new license : Beg. (Burke) v. Recorder of Dublin (1). The case comes within section 2 of the Licensing (Ireland) Act, 1902 (2 Edw. 7, c. 18), and is not saved by exception (1) in the section ; that exception was intended merely to preserve the existing rights of holders of licenses, and to enable the Excise authorities to continue to issue licenses to them. The words " license " and " licensed" in the section must be read distributively : Reg. v. King (2). Gaussen and Henry, K. C., for the prosecutor : Where there is a license attached to the premises, whether spirit grocer's or publican's, the case comes within exception 1 of section 2 of the Act of 1902. The object of that exception cannot be merely to save existing licenses since that is effected by section 7. The distributive construction suggested renders section 2 meaningless. The Legislature may well have thought that it would be for the advantage of the public that the existing spirit grocer's licenses should be turned into ordinary publican's, licenses ; in such case the police would have a right of search, and the facilities for women obtaining drink would be diminished. [They referred to the definitions of " license " in section 8 of 2 Edw. 7, c. 18, and in section 37 of 37 &amp...

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12 cases
  • The King (Henderson) v The Chairman and Justices of County Louth
    • Ireland
    • Court of Appeal (Ireland)
    • 15 February 1911
    ...of a wine and beer dealer's licence to obtain a publican's licence. The King (Collins) v. The Chairman and Justices of County Donegal ([1903] 2 I. R. 533) and Rex (Dorrian) v. Greer (3 New Irish Jurist, 302) approved of. Appeal by Patrick Matthews from an order of the King's Bench Division,......
  • Great Southern and Western Railway Company, Appellants; Leyden Respondent
    • Ireland
    • King's Bench Division (Ireland)
    • 30 November 1906
    ...32. (2) I. R. 10 C. L. at pp. 563, 564. (1) 2 Strange, 1002. (1) 2 Strange, 1002 (1735). (1) 1 P. Wms. 663. (2) [1905] 2 K. B. 113. (3) [1903] 2 I. R. 533. (1) 32 L. R. Ir. (1) 32 L. R. Ir. 542. (1) L. R. 2 H. L. at p. 270. (2) 32 L. R. Ir. 542. (1) 32 L. R. Ir. 542. (1) 32 L. R. Ir. 542. (......
  • O'Rourke v Grittar
    • Ireland
    • Supreme Court
    • 8 February 1995
    ...off-licence, notwithstanding the more extensive character of the publican's licence. The King (Collins) v. Justices of Donegal [1903] 2 I.R. 533; The King (Henderson) v. Justices of Louth [1911] 2 I.R. 312 and Application of Power Supermarkets Ltd.IR [1988] I.R. 206 considered. The responde......
  • Power Supermarkets Ltd, Application of
    • Ireland
    • Supreme Court
    • 8 March 1988
    ...(SUPPLEMENTAL PROVISIONS) ACT 1961 S48 LICENSING (IRL) ACT 1902 S2 INTOXICATING LIQUOR ACT 1927 S62 COLLINS, R V JUSTICES OF DONEGAL 1903 2 IR 533 BEER RETAILERS & SPIRIT GROCERS RETAIL LICENCES (IRL) ACT 1900 S1 INTOXICATING LIQUOR ACT 1960 S13(1)(ii) EAST DONEGAL CO-OP V AG 1970 IR 317 S......
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