McNeill, Re. [2001] IEHC 204 (14 December 2001)

McNeill, Re. [2001] IEHC 204 (14 December 2001)

Cotterin's lane is a public right of way; proposed alterations and use do not unreasonably interfere with objector's rights; objections are not substantiated under statutory grounds; applicant has complied with statutory requirements for licensing declaration.

Citation
[2001] IEHC 204
Parties
Applicant: Liam McNeill; Objector: 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 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

Mr. Mannix

Objector

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 alterations interfere with objector's rights
  3. 3 Adequacy of licensed premises in the neighbourhood

Ratio Decidendi

Cotterin's lane is a public right of way; proposed alterations and use do not unreasonably interfere with objector's rights; objections are not substantiated under statutory grounds; applicant has complied with statutory requirements for licensing declaration.

Court Disposition

Declarations sought by applicant granted; Circuit Court order discharged.

Orders

  • Declaration that premises at No 40/40A Cornmarket Street, Cork, will be fit and convenient to be licensed as a public house and restaurant when altered as per plans.
  • Discharge of Circuit Court order.