Lucas v Mooney [1909] HCA 58

Lucas v Mooney [1909] HCA 58

Licensed premises approximately 350 yards from a railway station may properly be found to be 'in the neighbourhood' if conveniently available to station users. The Licensing Court may properly find necessity for public convenience if a substantial body of station users desires to use the premises after hours.

Parties
Appellant/defendant: Anthony J. J. Lucas; Respondent/informant: Samuel Mooney
Jurisdiction
Australia
Judgment Date
16 September 1909
Procedural Posture
Appeal / Appeal From Supreme Court of Victoria, Decision of Licensing Court Special Case Under the Licensing Act 1890
Outcome
Appeal allowed; order appealed from discharged; order of Supreme Court dismissed; respondent to pay costs.
Legal Topics
Special Permit for Sale of Liquor After Hours, Interpretation of 'neighbourhood' in Statute, Public Convenience Under Liquor Licensing
Licensing Law Administrative Law Special Permit for Sale of Liquor After Hours Interpretation of 'neighbourhood' in Statute Public Convenience Under Liquor Licensing

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Parties

Anthony J. J. Lucas

Appellant/defendant

Samuel Mooney

Respondent/informant

Procedural Posture

Appeal / Appeal From Supreme Court of Victoria, Decision of Licensing Court Special Case Under the Licensing Act 1890

Legal Issues

  1. 1 Whether the Vienna Café was 'in the neighbourhood' of Flinders Street Railway Station within the meaning of section 7 of the Licensing Act 1890 (Vict.)
  2. 2 Whether the special permit was necessary for the public convenience under section 7 of the Licensing Act 1890 (Vict.)

Ratio Decidendi

Licensed premises approximately 350 yards from a railway station may properly be found to be 'in the neighbourhood' if conveniently available to station users. The Licensing Court may properly find necessity for public convenience if a substantial body of station users desires to use the premises after hours.

Court Disposition

Appeal allowed; order appealed from discharged; order of Supreme Court dismissed; respondent to pay costs.

Orders

  • Order appealed from discharged.
  • Appeal to the Supreme Court dismissed.