The King (M'Clinchy) v Greer

• Jurisdiction: Ireland
• Court: King's Bench Division (Ireland)
• Judgment Date: 10 June 1903
• Date: 10 June 1903

The King (M'Clinchy)

and

Greer (1).

K. B. Div.

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.

1904.

Licensing law — Licensing (Ireland) Act, 1902 (2 Edw. 7, c. 18), s. 6 — Adjoining premises — Certificate granted for new license in contravention of Act — Refusal of Excise authorities to issue license — Mandamus — Form of certificate under 2 Edw. 7, c. 18.

A mandamus will not lie to compel the collector of Inland Revenue to issue an Excise license for the sale of spirits, in pursuance of a certificate granted by the magistrates at Quarter Sessions, where such certificate was granted without jurisdiction, even though the certificate is, on its face, a valid one.

The Queen v. O'Connell (20 L. R. Ir. 625) distinguished.

Quœre—Whether, since the passing of the Licensing (Ireland) Act, 1902, a certificate of the magistrates granting a license should not show on its face that the case comes within some of the exceptions in that Act.

Mandamus.

This was an application by the prosecutor to make absolute, notwithstanding cause, a conditional order for a writ of mandamus directed to the respondent, the collector of inland revenue at Londonderry, commanding him to issue to the prosecutor an ordinary publican's Excise license in respect of premises in the mMain-street of Buncrana, county Donegal, in pursuance of the certificate granted by the Chairman and Justices of county Donegal at Quarter sessions.

The affidavit of the prosecutor, on which the conditional order was obtained, set out that he was the owner of premises in the Main-street of Buncrana, and as such had applied to the Chairman and Justices of the County of Donegal, at the Quarter Sessions for the Division, on the 22nd January, 1903, for a new license in respect of such premises, he having purchased the interest of a Mrs. Doherty in her license for premises a few doors off in the same street. The prosecutor was examined in support of the application. There was no opposition, and the Chairman directed

Mrs. Doherty's license to be handed in to the Clerk of the Peace, which was done, and the application was granted. The Clerk of the Crown and Peace issued a certificate in the form prescribed by section 5 of 3 & 4 Wm. 4, c. 68. The prosecutor sent this certificate, together with the proper amount of duty, to the Inland Revenue authorities, but they refused to issue an Excise license on the authority of the...