Lidl (Northern Ireland) GmbH v Winemark the Wine Merchants Ltd [2008] NIQB 146 (15 December 2008)

Lidl (Northern Ireland) GmbH v Winemark the Wine Merchants Ltd [2008] NIQB 146 (15 December 2008)

The applicant failed to establish that the number of licensed premises in the vicinity was inadequate to meet the requirements of the public as required by Article 7(4)(e)(i) of the Licensing (Northern Ireland) Order 1996. The court found that existing facilities, including Asda, Winemark, and town centre outlets, provided adequate provision, and issues of convenience, price, and competition did not amount to inadequacy. Survey evidence presented by the applicant was found unreliable and insufficient to demonstrate public need.

Citation
[2008] NIQB 146
Parties
Applicant/appellant: Lidl (Northern Ireland) GmbH; Objector/respondent: Winemark the Wine Merchants Ltd
Jurisdiction
Northern Ireland
Judgment Date
15 December 2008
Procedural Posture
Appeal From County Court Decision (licensing) / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Intoxicating Liquor Licence, Retail Alcohol Sales, Vicinity Determination, Adequacy of Licensed Premises, Statutory Interpretation
Licensing Law Intoxicating Liquor Licence Retail Alcohol Sales Vicinity Determination Adequacy of Licensed Premises Statutory Interpretation

Case Brief

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Parties

Lidl (Northern Ireland) GmbH

Applicant/appellant

Winemark the Wine Merchants Ltd

Objector/respondent

Procedural Posture

Appeal From County Court Decision (licensing) / Judgment on Appeal

Legal Issues

  1. 1 What constitutes the 'vicinity' for the purposes of licensing under the Licensing (Northern Ireland) Order 1996?
  2. 2 Whether the number of licensed premises in the vicinity is inadequate to meet the requirements of the public under Article 7(4)(e)(i) of the 1996 Order.

Ratio Decidendi

The applicant failed to establish that the number of licensed premises in the vicinity was inadequate to meet the requirements of the public as required by Article 7(4)(e)(i) of the Licensing (Northern Ireland) Order 1996. The court found that existing facilities, including Asda, Winemark, and town centre outlets, provided adequate provision, and issues of convenience, price, and competition did not amount to inadequacy. Survey evidence presented by the applicant was found unreliable and insufficient to demonstrate public need.

Court Disposition

Appeal dismissed

Orders

  • Application for grant of intoxicating liquor licence refused