Re Doherty and Others' Application

JurisdictionNorthern Ireland
CourtCourt of Appeal (Northern Ireland)
Judgment Date01 January 1988
Date01 January 1988
(C.A.)
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...

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1 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......