R (WATSON) v COUNTY COURT JUDGE OF DOWN

Application for licence to sell intoxicating liquor in an hotel – objection on grounds of number of previously licensed houses in district – whether objection on this ground valid legal objection – discretion of the County Court Judge – whether ruling against the objection a misdirection vitiating order of County Court Judge – Licensing (Ireland) Act 1833 – (section 4) – Intoxicating Liquor Act (Northern Ireland) 1923 (section 9).

On an application for a licence to sell intoxicating liquor in an hotel under section 9(a)(ii) of the Intoxicating Liquor Act (Northern Ireland) 1923 the County Court Judge took the view, on foot of an objection, that the number of licensed houses in the neighbourhood was already excessive. He thereby misdirected the granting of a hotel licence to Mr John McCartney, the Pickie Hotel, Mount Royal, Bangor. A conditional order was obtained on 24 November 1937 and a writ of certiorari was directed to the County Court Judge of Down to remove into the King’s Bench Division for the purpose of being quashed the order made by the County Court Judge. The ground upon which the conditional order was granted was that the County Court Judge wrongly directed himself in point of law in refusing to entertain the prosecutor’s objection to the granting of the licence based on the number of previously licensed houses in the neighbourhood. It was contended for the respondent that although the number of previously licensed houses in the neighbourhood constitutes a valid objection to the granting of a hotel licence it was contended however that the County Court Judge having considered it, came to the conclusion that it did not constitute a sufficient objection on the facts of the present case. It was however contended on behalf of the appellant that the objection was not considered by the County Court Judge, as he apparently did not regard it was a proper ground of objection in the case of an application for a hotel licence.

Held.

1.    In an application for a licence to sell intoxicating liquor in a hotel under section 9(a)(ii) of the Intoxicating Liquor Act (Northern Ireland) 1923 the number of previously licensed houses in the neighbourhood is a valid objection to be considered by the County Court Judge. It remains in the discretion of the judge to say whether or not he considers it a sufficient objection.

2.    It appeared in this case that the County Court Judge must be held to have ruled against an objection not on its merits but on the ground that it did not constitute a valid legal objection to an application for a hotel licence as distinguished from an ordinary publican’s licence. This amounted to a misdirection vitiating the order of the County Court Judge.

KBD [1938] 72 ILTR 189