Lyons, Re [2004] IEHC 301 (30 July 2004)

Lyons, Re [2004] IEHC 301 (30 July 2004)

The application was refused because the premises had previously been licensed and the deeming provision under s.13 of the 1960 Act no longer applied after its repeal by the 2000 Act. Therefore, the premises did not qualify as 'premises to which a full licence was never attached' under s.18 of the Intoxicating Liquor Act, 2000. Additionally, even if the application could proceed, the court found that there was an adequacy of existing licensed premises of the same character in the neighbourhood, justifying refusal.

Citation
[2004] IEHC 301
Parties
Applicant: Colum Lyons; Respondent: Attorney General
Jurisdiction
Ireland
Judgment Date
30 July 2004
Procedural Posture
Licensing Appeal / High Court Appeal From Circuit Court
Outcome
Appeal allowed; application for certificate refused
Legal Topics
Intoxicating Liquor Act, Grant of New Publican's Licence, Adequacy of Licensed Premises, Statutory Interpretation
Licensing Law Administrative Law Intoxicating Liquor Act Grant of New Publican's Licence Adequacy of Licensed Premises Statutory Interpretation

Case Brief

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Parties

Colum Lyons

Applicant

Attorney General

Respondent

Procedural Posture

Licensing Appeal / High Court Appeal From Circuit Court

Legal Issues

  1. 1 Whether the applicant's premises qualify for a new licence under s.18 of the Intoxicating Liquor Act, 2000
  2. 2 Whether the premises are 'premises to which a full licence was never attached'
  3. 3 Whether the adequacy of existing licensed premises in the neighbourhood justifies refusal

Ratio Decidendi

The application was refused because the premises had previously been licensed and the deeming provision under s.13 of the 1960 Act no longer applied after its repeal by the 2000 Act. Therefore, the premises did not qualify as 'premises to which a full licence was never attached' under s.18 of the Intoxicating Liquor Act, 2000. Additionally, even if the application could proceed, the court found that there was an adequacy of existing licensed premises of the same character in the neighbourhood, justifying refusal.

Court Disposition

Appeal allowed; application for certificate refused

Orders

  • Refusal of certificate for new publican's licence under s.18 of the Intoxicating Liquor Act, 2000