Sainsbury's Supermarket Ltd v Winemark The Wine Merchants Ltd & Ors [2012] NIQB 45 (21 June 2012)

Sainsbury's Supermarket Ltd v Winemark The Wine Merchants Ltd & Ors [2012] NIQB 45 (21 June 2012)

The objectors failed to establish that they own or reside in the vicinity of the premises for which the licence is sought. The Balloo complex, bounded by major roads and distinct in character, constitutes a separate neighbourhood. The objectors' premises are outside this vicinity and thus lack standing to object under Schedule 1 Part I(4) of the Licensing (NI) Order 1996. There is no valid objector before the court, and the appeal must be dismissed.

Citation
[2012] NIQB 45
Parties
Applicant/respondent: Sainsbury's Supermarket Ltd; Objector/appellant: Winemark The Wine Merchants Limited; Objector/appellant: Wine Inns Limited; Objector/appellant: Phillip Russell Limited; Objector/appellant: Toby Inns Limited
Jurisdiction
Northern Ireland
Judgment Date
21 June 2012
Procedural Posture
Licensing Appeal / Appeal Against Grant of Provisional Licence
Outcome
Appeal dismissed
Legal Topics
Vicinity in Licensing Applications, Locus Standi of Objectors, Case Management in Licensing Appeals
Licensing Law Administrative Law Vicinity in Licensing Applications Locus Standi of Objectors Case Management in Licensing Appeals

Case Brief

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Parties

Sainsbury's Supermarket Ltd

Applicant/respondent

Winemark The Wine Merchants Limited

Objector/appellant

Wine Inns Limited

Objector/appellant

Phillip Russell Limited

Objector/appellant

Toby Inns Limited

Objector/appellant

Procedural Posture

Licensing Appeal / Appeal Against Grant of Provisional Licence

Legal Issues

  1. 1 Whether the objectors carried on business in premises in the vicinity of the premises for which the licence is sought under Schedule 1 Part I(4) of the Licensing (NI) Order 1996
  2. 2 Definition and application of 'vicinity' in licensing law
  3. 3 Whether objectors had locus standi to object to the grant of the licence

Ratio Decidendi

The objectors failed to establish that they own or reside in the vicinity of the premises for which the licence is sought. The Balloo complex, bounded by major roads and distinct in character, constitutes a separate neighbourhood. The objectors' premises are outside this vicinity and thus lack standing to object under Schedule 1 Part I(4) of the Licensing (NI) Order 1996. There is no valid objector before the court, and the appeal must be dismissed.

Court Disposition

Appeal dismissed

Orders

  • Decision of His Honour Judge Smyth affirmed
  • No valid objector before the court; no further aspects of the case considered