LIDL (Northern Ireland) GmbH v Wine Inns Ltd & Ors [2004] NIQB 10 (25 February 2004)

LIDL (Northern Ireland) GmbH v Wine Inns Ltd & Ors [2004] NIQB 10 (25 February 2004)

The applicant failed to establish on the balance of probabilities that the number of off-licence premises in the vicinity is inadequate as required by Article 7(4)(e) of the Licensing (Northern Ireland) Order 1996; the existing facilities, when considered as a whole, provide adequate provision in terms of choice, price, and service.

Citation
[2004] NIQB 10
Parties
Applicant/appellant: LIDL (Northern Ireland) GmbH; Objector/respondent: Wine Inns Limited; Objector/respondent: Winemark the Wine Merchants Limited
Jurisdiction
Northern Ireland
Judgment Date
25 February 2004
Procedural Posture
Licensing Appeal / Appeal From Recorder's Court Decision
Outcome
Appeal dismissed; application for provisional grant of off-licence refused.
Legal Topics
Off Licence Grant, Vicinity Definition, Adequacy of Provision, Community Boundaries, Survey Evidence
Licensing Law Administrative Law Off Licence Grant Vicinity Definition Adequacy of Provision Community Boundaries Survey Evidence

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Parties

LIDL (Northern Ireland) GmbH

Applicant/appellant

Wine Inns Limited

Objector/respondent

Winemark the Wine Merchants Limited

Objector/respondent

Procedural Posture

Licensing Appeal / Appeal From Recorder's Court Decision

Legal Issues

  1. 1 Whether the number of off-licence premises in the vicinity is inadequate under Article 7(4)(e) of the Licensing (Northern Ireland) Order 1996
  2. 2 How 'vicinity' should be defined for licensing purposes
  3. 3 Whether sectarian tensions or community boundaries affect vicinity

Ratio Decidendi

The applicant failed to establish on the balance of probabilities that the number of off-licence premises in the vicinity is inadequate as required by Article 7(4)(e) of the Licensing (Northern Ireland) Order 1996; the existing facilities, when considered as a whole, provide adequate provision in terms of choice, price, and service.

Court Disposition

Appeal dismissed; application for provisional grant of off-licence refused.

Orders

  • Court refuses the application for the grant of an off-licence at 261-263 Antrim Road, Glengormley, County Antrim.