Denmin Ltd v Hughes & Anor [2019] NIQB 8 (30 January 2019)

Denmin Ltd v Hughes & Anor [2019] NIQB 8 (30 January 2019)

Mrs Sinead Hughes, as leaseholder entitled to receive rack rent, qualifies as 'owner' under the Licensing (Northern Ireland) Order 1996 and thus has locus standi to object to the licence application for Units 4a and 5. However, the other properties owned by Mr and Mrs Hughes are not within the vicinity and do not confer locus standi.

Citation
[2019] NIQB 8
Parties
Applicant/respondent: Denmin Limited; Objector/appellant: John Hughes; Objector/appellant: Sinead Hughes
Jurisdiction
Northern Ireland
Judgment Date
30 January 2019
Procedural Posture
Appeal / Preliminary Issue on Locus Standi Before the High Court on Appeal From County Court
Outcome
Preliminary issue determined; Mrs Sinead Hughes has locus standi as owner of Units 4a and 5; other properties do not confer locus standi.
Legal Topics
Locus Standi, Intoxicating Liquor Licence, Definition of Owner, Vicinity in Licensing Applications
Licensing Law Property Law Administrative Law Locus Standi Intoxicating Liquor Licence Definition of Owner Vicinity in Licensing Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Denmin Limited

Applicant/respondent

John Hughes

Objector/appellant

Sinead Hughes

Objector/appellant

Procedural Posture

Appeal / Preliminary Issue on Locus Standi Before the High Court on Appeal From County Court

Legal Issues

  1. 1 Whether Mrs Sinead Hughes has locus standi to object to the grant of a provisional intoxicating liquor licence as 'owner' of premises in the vicinity under the Licensing (Northern Ireland) Order 1996
  2. 2 Whether ownership of other properties (Old Suffolk Road and Upper Dunmurry Lane) gives locus standi based on vicinity

Ratio Decidendi

Mrs Sinead Hughes, as leaseholder entitled to receive rack rent, qualifies as 'owner' under the Licensing (Northern Ireland) Order 1996 and thus has locus standi to object to the licence application for Units 4a and 5. However, the other properties owned by Mr and Mrs Hughes are not within the vicinity and do not confer locus standi.

Court Disposition

Preliminary issue determined; Mrs Sinead Hughes has locus standi as owner of Units 4a and 5; other properties do not confer locus standi.

Orders

  • Mrs Sinead Hughes has locus standi to object to the application as owner of Units 4a and 5 of the Colin Centre.
  • Ownership of Old Suffolk Road and Upper Dunmurry Lane properties does not confer locus standi.