WINEFLAIR (BELFAST) LTD Applicant, WINE INNS LTD Objector.

Grant of an off-licence for premises at Unit 1, Murrayfield Shopping Centre, Point Street, Larne.

Licensing (Northern Ireland) Order 1990, Article 6(1)(b), Article 31 and Schedule 2, paragraph 2(a)(vi) – Temporary continuance of business in other premises where the original premises have ceased to be available because of a termination of the tenancy or because the premises have been demolished and new premises are to be constructed within their curtilage.

The applicant obtained an order under Article 31 from the Magistrates’ Court permitting a temporary transfer to these premises following service of a notice to quit by the landlord. The objector unsuccessfully challenged the transfer order by way of judicial review, and then challenged the application for the grant of a new off-licence for the new premises.

Held.

1.    The landlord had intended to develop the site and the notice to quit was not served until the applicants had found a suitable site.

2.    The notice to quit did not contain the true reason for seeking possession as the court was of the opinion that by that time the landlord had no intention of demolishing or re-building the premises.

3.    Once the applicants found temporary premises they were not obliged to move back to the original premises even if they were rebuilt.

4.    Very clear evidence would be required that the applicants had misled the Resident Magistrate when the Article 31 order was made in order that the County Court could exercise its discretion to refuse to grant a new licence.

Inadequacy – vicinity considered.

Judge Curran QC – Ballymena County Court – 24/1/1992.