Charton Investments, Re [1987] IEHC 31 (4 August 1987)

Charton Investments, Re [1987] IEHC 31 (4 August 1987)

The premises at Grafton Street and Lower Kevin Street are not in the 'immediate vicinity' of each other due to the significant distance and difference in trading area character. Granting the licence would likely have a materially adverse effect on the business of local publicans. Both grounds justify refusal of the application.

Citation
[1987] IEHC 31
Parties
Applicant: Charton Investments Ltd; Objectors: Publicans in Grafton Street area
Jurisdiction
Ireland
Judgment Date
04 August 1987
Procedural Posture
Licensing Appeal / High Court Appeal From Circuit Court
Outcome
Application refused; Circuit Court order reversed
Legal Topics
Intoxicating Liquor, Publican's Licence, Immediate Vicinity, Adverse Business Impact
Licensing Law Intoxicating Liquor Publican's Licence Immediate Vicinity Adverse Business Impact

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Parties

Charton Investments Ltd

Applicant

Publicans in Grafton Street area

Objectors

Procedural Posture

Licensing Appeal / High Court Appeal From Circuit Court

Legal Issues

  1. 1 Whether the applicant's premises are in the 'immediate vicinity' of the premises whose licence is to be extinguished under Section 14 of the Intoxicating Liquor Act, 1960
  2. 2 Whether granting the licence would have a materially adverse effect on the business of local publicans

Ratio Decidendi

The premises at Grafton Street and Lower Kevin Street are not in the 'immediate vicinity' of each other due to the significant distance and difference in trading area character. Granting the licence would likely have a materially adverse effect on the business of local publicans. Both grounds justify refusal of the application.

Court Disposition

Application refused; Circuit Court order reversed

Orders

  • Application for licence refused
  • Order of the Circuit Court reversed