Armagh City and District Council & Anor v Police Service for Northern Ireland [2003] NIQB 28 (10 April 2003)

Armagh City and District Council & Anor v Police Service for Northern Ireland [2003] NIQB 28 (10 April 2003)

On the evidence, the restaurant and bar services are an integral part of the conference centre and the sale of intoxicating liquor is ancillary to the businesses carried on; the premises comply with statutory and regulatory requirements; the legislative intent does not require liquor sales only during events; the appeal is allowed and licence granted.

Citation
[2003] NIQB 28
Parties
Applicant/appellant: Armagh City and District Council; Applicant/appellant: John McNally; Objector/respondent: Police Service for Northern Ireland
Jurisdiction
Northern Ireland
Judgment Date
10 April 2003
Procedural Posture
Appeal From County Court Decision Refusing Intoxicating Liquor Licence / High Court Appellate Judgment
Outcome
Appeal allowed; decision of County Court Judge reversed; licence granted.
Legal Topics
Intoxicating Liquor Licence, Conference Centre Licensing, Ancillary Business Requirements, Permitted Hours
Licensing Law Administrative Law Intoxicating Liquor Licence Conference Centre Licensing Ancillary Business Requirements Permitted Hours

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Parties

Armagh City and District Council

Applicant/appellant

John McNally

Applicant/appellant

Police Service for Northern Ireland

Objector/respondent

Procedural Posture

Appeal From County Court Decision Refusing Intoxicating Liquor Licence / High Court Appellate Judgment

Legal Issues

  1. 1 Whether the sale of intoxicating liquor in the conference centre is ancillary to the main business
  2. 2 Whether the premises are of the kind specified in the application
  3. 3 Interpretation of Article 5(3) and Article 44 of the Licensing (NI) Order 1996

Ratio Decidendi

On the evidence, the restaurant and bar services are an integral part of the conference centre and the sale of intoxicating liquor is ancillary to the businesses carried on; the premises comply with statutory and regulatory requirements; the legislative intent does not require liquor sales only during events; the appeal is allowed and licence granted.

Court Disposition

Appeal allowed; decision of County Court Judge reversed; licence granted.

Orders

  • Order under Article 44: when another part of the community centre is open on any evening and the restaurant provides facilities for that part, the hours specified in Article 44(2)(a),(b),(c) are included in permitted hours, subject to compliance with Article 44(1)-(3),(8),(9).