McNeill, Re Liquor Licensing Application by [2001] IEHC 236 (14 December 2001)

McNeill, Re Liquor Licensing Application by [2001] IEHC 236 (14 December 2001)

Cotterin's Lane is a public right of way, and the applicant's proposed use for deliveries and emergency exits does not constitute an unreasonable burden or expansion of rights. The objector failed to establish any statutory ground for refusing the licence declaration.

Citation
[2001] IEHC 236
Parties
Applicant/appellant: Liam McNeill; Objector/respondent: Mr. Mannix
Jurisdiction
Ireland
Judgment Date
14 December 2001
Procedural Posture
Liquor Licensing Application Appeal / High Court Judgment on Appeal From Circuit Court
Outcome
Declarations sought by the applicant granted; Circuit Court order discharged.
Legal Topics
Liquor Licensing, Public Right of Way, Private Right of Way, Planning Permission, Objections to Licensing
Licensing Law Property Law Liquor Licensing Public Right of Way Private Right of Way Planning Permission Objections to Licensing

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Parties

Liam McNeill

Applicant/appellant

Mr. Mannix

Objector/respondent

Procedural Posture

Liquor Licensing Application Appeal / High Court Judgment on Appeal From Circuit Court

Legal Issues

  1. 1 Whether Cotterin's Lane is a public right of way
  2. 2 Whether the applicant's proposed use of the lane for deliveries and emergency exits is permissible
  3. 3 Whether the number of existing licensed premises in the area is adequate

Ratio Decidendi

Cotterin's Lane is a public right of way, and the applicant's proposed use for deliveries and emergency exits does not constitute an unreasonable burden or expansion of rights. The objector failed to establish any statutory ground for refusing the licence declaration.

Court Disposition

Declarations sought by the applicant granted; Circuit Court order discharged.

Orders

  • Declarations under sections 15 and 16 of the Intoxicating Liquor Act 1960 and section 18 of the Intoxicating Liquor Act 2000 granted in favour of the applicant.
  • Order of the Circuit Court discharged.