WINE INNS LTD Applicant, LAVERY LTD AND OTHERS Objectors.

Refusal of an application for an on/off-licence for the City Temple, 42 Botanic Avenue, Belfast.

Licensing Act (Northern Ireland) 1971, sections 33 and 34 – a court making either a provisional or a final grant of a licence has no power to cut down the statutory rights of the licensee by recording on the licence an undertaking given by the licensee as to the extent to which he will exercise those rights.

Subsisting licence – Licensing Act (Northern Ireland) 1971, section 12(2)(d)(i) and section 14, Schedule 2, paragraph 1(a) – Consideration of what is meant by a “substantial part” of the year immediately preceding the date of its surrender or renewal – intention of the legislature to prevent licence being kept alive by, for example, opening the premises for one day a week – need for a flexible definition to allow a degree of elasticity – obiter, whilst a period of less than six months can constitute a substantial part, it is unlikely that a period appreciably less than two months would do so.

Inadequacy – vicinity defined – application dismissed.

Judge Pringle QC – Belfast Recorder’s Court – 27/3/1985.

[Appeal dismissed, see WINE INNS LTD -v- LAVERY LTD. HC [1985] NI 427, [1985] 11 NIJB 19 (MacDERMOTT J)]