Denmin Ltd v Hughes & Anor [2019] NIQB 13 (8 February 2019)

Denmin Ltd v Hughes & Anor [2019] NIQB 13 (8 February 2019)

The failure by the licence holder of the Brown Cow Inn to notify the clerk of Petty Sessions of the construction of a beer garden at the time of the 2012 renewal rendered the renewal order a nullity and void. Therefore, the requirements of Article 7(4)(e)(ii) of the Licensing (Northern Ireland) Order 1996 were not met, and the application for a new licence by Denmin Limited must fail.

Citation
[2019] NIQB 13
Parties
Applicant/respondent: Denmin Limited; Objector/appellant: John Hughes; Objector/appellant: Sinead Hughes
Jurisdiction
Northern Ireland
Judgment Date
08 February 2019
Procedural Posture
Appeal From County Court (licensing) / Final Judgment on Appeal
Outcome
Application refused
Legal Topics
Intoxicating Liquor Licence, Validity of Licence, Renewal of Licence, Alteration of Licensed Premises, Locus Standi of Objectors, Professional Conduct of Legal Representatives
Licensing Law Administrative Law Intoxicating Liquor Licence Validity of Licence Renewal of Licence Alteration of Licensed Premises Locus Standi of Objectors Professional Conduct of Legal Representatives

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Parties

Denmin Limited

Applicant/respondent

John Hughes

Objector/appellant

Sinead Hughes

Objector/appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the objector with locus standi can challenge the validity of the licence to be surrendered
  2. 2 Whether the licence for the Brown Cow Inn was valid at the time of intended surrender
  3. 3 Whether unnotified alterations (creation of beer garden) voided the licence renewal

Ratio Decidendi

The failure by the licence holder of the Brown Cow Inn to notify the clerk of Petty Sessions of the construction of a beer garden at the time of the 2012 renewal rendered the renewal order a nullity and void. Therefore, the requirements of Article 7(4)(e)(ii) of the Licensing (Northern Ireland) Order 1996 were not met, and the application for a new licence by Denmin Limited must fail.

Court Disposition

Application refused

Orders

  • Application for provisional grant of intoxicating liquor licence refused
  • Referral of issues relating to conduct of objector's solicitor and counsel to professional disciplinary bodies