R (MOONEY) v COUNTY COURT JUDGE OF DOWN

Licensing Acts – objection to grant of certificate withdrawn by police – whether competent for court to adjudicate upon the objection.

The police lodged an objection to the grant of a licensing certificate against Mr James Mooney. On application at Newtownards Quarter Sessions for a certificate to entitle him to a transfer and confirmation of transfer of the licence the matter was adjourned pending a prosecution against the applicant for breach of the Intoxicating Liquor Act. The following objections were lodged by the district inspector.

1.    A prosecution was pending against the applicant.

2.    That he was an unfit person to be granted a licence to sell intoxicating liquors by retail.

The summonses however were heard and dismissed on the merits and when the adjourned application came for hearing counsel for the applicant informed the court that the police had withdrawn their objection in view of the fact that the summonses had been dismissed. The County Court Judge however called for evidence regarding the offences alleged. The applicant then gave evidence though the district inspector reiterated that the police objection had been withdrawn. The County Court Judge nonetheless made an order refusing the application holding that the applicant was not a fit person to hold a licence.

Conditional offers of certiorari and mandamus having been applied for and granted the applicant now applied to have the orders of certiorari and mandamus made absolute on the grounds that an adjudication of the learned County Court Judge was bad in law and on its face was made without and in excess of jurisdiction.

Held.

The court could not refuse to grant the certificate on the ground that the applicant was unfit unless it had before it an objection by a competent objector and that it was open to the police to withdraw an objection at any time before the commencement of the process of adjudication.

QBD [1952] NI 16