Re Doherty and Others' Application

JurisdictionNorthern Ireland
Judgment Date01 January 1988
Date01 January 1988
CourtCourt of Appeal (Northern Ireland)
In re Doherty and Others' Application

- Previous application to specify part of premises exclusively for off sales - Area in plan different from area originally licensed - No business carried on for 22 months - Whether preconditions for renewal satisfied - Licensing Act (Northern Ireland),1971 (c. 13), ss. 12, 44. Judicial review - Certiorari - Magistrate - Jurisdiction - Errors by magistrate in renewing licence - Whether made within jurisdiction - Whether error on face of the record.

In 1980 an on/off licence was granted in respect of premises in Shipquay Street, Londonderry. The plan accompanying the application showed only the front room or shop facing the street as the area to be licensed. In 1983 an application was made under section 44 of the Licensing Act (Northern Ireland), 1971, that part of the premises be used exclusively for off sales only. The plan accompanying the section 44 application purported to show as the licensed on/off area an area substantially greater than the area shown in the 1980 plan and the area it designated for off sales only included the whole of the area licensed in 1980 and an additional unlicensed part of the premises. The section 44 application was granted and the licence was renewed in 1984 and 1985. From Easter, 1983, to November, 1984, the only business carried on in the premises was that of an off licence. In November, 1984, the off licence business ceased and, until August, 1986, the occupation of the premises was given to various traders and merchants. In August 1986, the Resident Magistrate sitting at Londonderry Magistrates' Court purported to transfer the licence to the respondents and renewed it. The applicants, each of whom held an on/off licence in the same area, applied for judicial review of the magistrate's order on the ground that it was made with want of or in excess of jurisdiction and contained an error on its face. In February, 1987, MacDermott J. directed an order of certiorari quashing the magistrate's order. The respondent appealed to the Court of Appeal arguing that any error had been made within the magistrate's jurisdiction and was not apparent on the face of the record, and that judicial review should have been refused because the applicants had allowed the 1983 order to go unchallenged. Held, dismissing the appeal, that, 1, it is a precondition for renewal of a licence under the 1971...

To continue reading

Request your trial
2 cases
  • Thomas Mone v an Bord Pleanála and Others
    • Ireland
    • High Court
    • 18 May 2010
    ...J, 15.11.1996); Bannon v EAT [1993] 1 IR 500; The State (Abenglen Properties Ltd) v Corporation of Dublin [1984] IR 381; In re Doherty [1988] NI 14 and Athlone Woollen Mills Co Ltd v Athlone Urban District Council [1950] IR 1 considered - Local Government (Planning and Development) Act 1992......
  • Denmin Limited v Hughes (John) and Hughes (Sinead) (2nd judgment)
    • United Kingdom
    • Queen's Bench Division (Northern Ireland)
    • 8 February 2019 paragraph 5-26 at page 123. [16] Three other authorities were called in aid by Mr Gibson. These were Re Doherty and Others’ Application [1988] NI 14, a decision of the Northern Ireland Court of Appeal; Re Denmin Ltd [2018] NIQB 53, a decision of McCloskey J and an extempore decision give......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT