The King (Henderson) v The Chairman and Justices of County Louth

• Jurisdiction: Ireland
• Judgment Date: 15 February 1911
• Date: 15 February 1911
• Court: Court of Appeal (Ireland)

The King (Henderson)

and

The Chairman and Justices of County Louth.

Appeal.

CASES

DETERMINED BY

THE KING'S BENCH DIVISION

OF

THE HIGH COURT OF JUSTICE IN IRELAND,

AND ON APPEAL THEREFROM IN

THE COURT OF APPEAL,

AND BY

THE COURT FOR CROWN CASES RESERVED.

1911.

Licensing Act, 1902 (2 Edw. 7, c. 18), section 2, sub-sect. 1 — “Licence” — “Licensed premises” — Distributive construction — Wine and beer dealer's licence — Application for publican's licence.

The exception in sub-section 1 of section 2 of 2 Edw. 7, c. 18, was intended to preserve existing interests, and is to be construed distributively. It does not entitle the holder of one kind of licence to obtain another of a different nature, e.g, the holder 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, dated 13th January, 1911, disallowing the cause shown against a conditional order, dated 27th October, 1910, for a writ of certiorari to bring up for the purpose of being quashed an order made at the annual Licensing Quarter Sessions at Dundalk on the 4th October, 1910, granting the appellant a certificate enabling him to obtain a full publican's seven-day licence, and also the said certificate.

The conditional order was obtained on the affidavit of the prosecutor, Harold E. Henderson, District Inspector, Royal Irish Constabulary, which stated that he attended at the Annual Licensing Quarter Sessions, at which Patrick Matthews, the appellant, who was theretofore the holder of a six-day licence for the sale of beer and wine in respect of his premises, applied for an ordinary seven-day publican's licence, and that he, the District Inspector, opposed the granting of a certificate for such a licence, relying on The King (Collins) V. The Chairman and Justices of the County of Donegal (1) and The King (Boyle) V. Justices Of County Louth (2), His Honor the County Court Judge and

Chairman was against granting the certificate, but was out-voted by the other Justices, and an order was made granting the certificate for an ordinary seven-day licence. The grounds on which the conditional order was made as stated therein were—first, that the said certificate was given, and order made, without and in excess of jurisdiction; secondly, that said premises were not licensed as seven-day licensed premises from January 1st, 1902, to 31st July, 1902; thirdly, that said certificate was given and order made contrary to the provisions of section 2 of 2 Edw. 7, c. 18.

The affidavit of the appellant filed as cause stated that for twenty years prior to the Sessions he held a six-day combined wine and beer dealer's licence for the sale of wine, ale, beer, and porter for consumption on the premises, and that, although his solicitor inadvertently served notice of application for an ordinary seven-day licence, he intended only to apply for a six-day licence to sell whiskey, wines, and malt drinks on the premises, and that his counsel so stated audibly in Court.

Notwithstanding this, however, the certificate granted was for the seven-day publican's...