HUNT v TOHILL

Grant of provisional off-licence for premises at Ards Shopping Centre Newtownards – licensing – intoxicating liquor – appeal by objector – whether a person or objector carrying on business in the vicinity – whether right of appeal – Licensing Act (Northern Ireland) 1971 section 5.

The respondent was granted a provisional off-licence for premises in a new shopping complex on the outskirts of Newtownards. There was no police objection and the only objector was Mr Tohill who was the appellant on appeal before the High Court. His right to appear as an objector was based on his carrying on a business in premises in High Court Newtownards.¹ At the opening of the appeal a preliminary point was taken on behalf of the respondent that the objector was not a person carrying on business in premises in the vicinity of the premises for which the licence was sought.

Held.

1.    The appellant was not entitled to appear and be heard as an objector as his premises were not in the vicinity of the respondent’s premises.

2.    Vicinity means a physical proximity best indicated by the sense of neighbourhood.

3.    Unless there are some special and exceptional circumstances a preliminary point (in this case the issue of locus standi of the objector) fundamental to the right of a party to appear, should be decided as a preliminary point before hearing the evidence on the appeal as a whole.

Appeal dismissed.

HC [1976] NI 73, [1976] 1 NIJB

¹    He claimed the right to appear and object under section 5(1) and Schedule 1 Part 1 Paragraph 4 to the Licensing Act (Northern Ireland) 1971