Toal v D McGranaghan Ltd [2008] NICA 56 (26 February 2008)

Toal v D McGranaghan Ltd [2008] NICA 56 (26 February 2008)

The applicant did not hold a valid bookmaking office licence at the relevant time and therefore did not fall within the exemption provided by Article 12(7); the requirements of Article 12(4)(j) must be satisfied.

Citation
[2008] NICA 56
Parties
Appellant/objector: Gary Thomas Toal; Respondent/applicant: D McGranaghan Limited
Jurisdiction
Northern Ireland
Judgment Date
26 February 2008
Procedural Posture
Appeal by Way of Case Stated / Court of Appeal Judgment
Outcome
Appeal dismissed; question answered 'No'.
Legal Topics
Bookmaking Office Licence, Temporary Continuance Order, Statutory Interpretation, Renewal of Licence, Exemption Under Article 12(7)
Licensing Law Administrative Law Bookmaking Office Licence Temporary Continuance Order Statutory Interpretation Renewal of Licence Exemption Under Article 12(7)

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Parties

Gary Thomas Toal

Appellant/objector

D McGranaghan Limited

Respondent/applicant

Procedural Posture

Appeal by Way of Case Stated / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the applicant fell within the exemption provided by Article 12(7) of the Betting Gaming Lotteries and Amusements (Northern Ireland) Order 1985
  2. 2 Whether a valid and subsisting bookmaking office licence is required for the exemption under Article 12(7)

Ratio Decidendi

The applicant did not hold a valid bookmaking office licence at the relevant time and therefore did not fall within the exemption provided by Article 12(7); the requirements of Article 12(4)(j) must be satisfied.

Court Disposition

Appeal dismissed; question answered 'No'.

Orders

  • Applicant does not fall within Article 12(7) exemption.
  • Requirements of Article 12(4)(j) must be satisfied for licence grant.