The State (Tuomey) v Circuit Court Judge of Midland Circuit

• Jurisdiction: Ireland
• Judgment Date: 01 January 1932
• Date: 01 January 1932
• Court: High Court (Irish Free State)

The State v. Circuit Court Judge of Midland Circuit.

THE STATE AT THE PROSECUTION OF DENIS TUOMEY, Superintendent of the Civic Guard

and

CIRCUIT COURT JUDGE OF THE MIDLAND CIRCUIT, AND IN THE MATTER OF THE COURTS OF JUSTICE ACT, 1924 (1)

High Court.

Licensing Acts - Certificate - New licence - Licensing (Ir.) Act, 1902 (2 Edw. 7,c. 18), sect. 2, sub-sect. 1 - Licensed premises with six-day licence attached - Application for seven-day licence in substitution.

Sect. 2 of the Licensing (Ir.) Act, 1902, provides: "From and after the passing of this Act [31st July, 1902] no licence shall be granted for the sale of intoxicating liquors . . . except—(1) for premises which are now licensed or which were licensed at any time since the 1st day of January, 1902."

Held that a seven-day licence in lieu of an existing six-day licence of the same kind could not be granted although the six-day licence was in force when the Act passed.

R. (Collins) v. Donegal JJ. [1903] 2 I. R., 533; R. (Dorrian) v. Greer 3 N. I. J. R. 302, and R. (Henderson) v. Louth JJ. [1911] 2 I R. 312, applied.

Certiorari.

The prosecutor, Superintendent Denis Tuomey, of the Civic Guard, applied to make absolute, notwithstanding cause shown a conditional order for a writ of certiorari, dated 6th March, 1931, directed to the Circuit Court Judge of the Midland Circuit, to return into the High Court for the purpose of being quashed "all and singular the orders and adjudications made by the said Circuit Court Judge at Abbeyleix, in the County of Leix, on the 9th day of December, 1930, on the hearing of an application on behalf of James Coady for the granting of a certificate entitling him to receive a new seven-day licence in respect of his premises situate at Market Square, Abbeyleix, in the County of Leix, for the sale of beer, cider and spirits for retail in lieu of an existing six-day licence then held by the said James Coady in respect of the said premises, and also the said certificate."The ground of the application was that there was no jurisdiction to grant "a new seven-day licence for the said premises which were not licensed in the year 1902 or at any time prior to said date."

The conditional order was obtained on the affidavit of the said prosecutor in which, after stating that the application of the said James Coady was, on 9th December, 1930, listed for hearing before the Circuit Court Judge at Abbeyleix, he set out the further facts as follows:—

"On the hearing of the said...