DPP v Lynch [2004] IEHC 159 (19 July 2004)

DPP v Lynch [2004] IEHC 159 (19 July 2004)

Section 26 of the Intoxicating Liquor Act, 2000 applies to the facts of the case as it specifically governs the sale and consumption of beer in premises with a wine retailer's on-licence and restaurant certificate, and not the more general s. 6.

Citation
[2004] IEHC 159
Parties
Complainant/appellant: Director of Public Prosecutions; Defendant/respondent: Annabel Fitzgerald Lynch
Jurisdiction
Ireland
Judgment Date
19 July 2004
Procedural Posture
Case Stated Appeal (criminal/prosecution) / High Court Judgment on Case Stated From District Court
Outcome
Appeal allowed; question answered in the negative; matter remitted to District Court for further proceedings in accordance with High Court findings; costs awarded to the Director of Public Prosecutions.
Legal Topics
Intoxicating Liquor Licensing, Restaurant Certificate, Wine Retailers on Licence, Statutory Interpretation
Criminal Law Licensing Law Intoxicating Liquor Licensing Restaurant Certificate Wine Retailers on Licence Statutory Interpretation

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Parties

Director of Public Prosecutions

Complainant/appellant

Annabel Fitzgerald Lynch

Defendant/respondent

Procedural Posture

Case Stated Appeal (criminal/prosecution) / High Court Judgment on Case Stated From District Court

Legal Issues

  1. 1 Whether s. 6 or s. 26 of the Intoxicating Liquor Act, 2000 applies to the facts concerning the sale and consumption of beer in a restaurant with a wine retailer's on-licence and restaurant certificate

Ratio Decidendi

Section 26 of the Intoxicating Liquor Act, 2000 applies to the facts of the case as it specifically governs the sale and consumption of beer in premises with a wine retailer's on-licence and restaurant certificate, and not the more general s. 6.

Court Disposition

Appeal allowed; question answered in the negative; matter remitted to District Court for further proceedings in accordance with High Court findings; costs awarded to the Director of Public Prosecutions.

Orders

  • Matter remitted to District Court judge to proceed on the basis of High Court findings
  • Costs (including reserved costs) awarded to the Director of Public Prosecutions