KIERAN AND UNA McSHERRY Applicants, STEWART’S SUPERMARKETS LTD AND OTHERS Objectors.

Grant of provisional off-licence for premises at 39/41 Church Square, Banbridge.

An objection was taken at the conclusion of all the evidence (despite an assertion at the commencement of the evidence that the formal proofs were in order) that the notice of application had not been displayed. Although the court was satisfied upon the evidence that the notice had been displayed, obiter – where an objector contests such a question of fact and has information which suggests the contrary, that should be raised in cross-examination. If there is no such evidence the point should be raised as a point of law at the end of the applicant’s case.

Inadequacy – Licensing Act (Northern Ireland) 1971, section 3(1)(b) – vicinity defined.

Judge Rowland QC – Banbridge County Court – 23/5/1989.