Trusted by the judiciary, government lawyers, prosecutors, and many leading counsel. Click here to request a subscription.
|
or click here to request site subscription to search and view all judgments |
Court of Appeal allows appeal of case stated appeal concerning interim transfers of off licences to a franchise to sell alcohol by a District judge, finding that: a) a nominee to hold a licence on behalf of a body corporate licence holder may itself be a body corporate; b) a nominee holds a licence in trust for and under the direction of the applicant for that licence; and c) the franchise agreement precluded the granting of an interim transfer of the off licence to sell wine, beer and spirits because the nominee was not the holder of the lowest estate or tenancy in the premises and was not the party which will itself be carrying on the licensed trade in the specified premises.
Licensing law – corporate law – franchise agreements – interim transfers of off licences to sell alcohol – whether a corporate body can be a nominee to hold a licence – Section 28 of the Intoxicating Liquor Act, 1960 – s. 1 of the Public House (Ireland) Act, 1855 – s. 7(1) of the Intoxicating Liquor (General) Act, 1924 – Section 1094 of the Taxes Consolidation Act, 1997 – s. 242 (1) of the Finance Act, 1992 – Interpretation Act, 2005 – appropriate applicant for the licence transfer in the light of the franchise agreement is the franchisee – consultative case stated answered in the affirmative.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
The only e-mail alert service for all Irish judgments over the past 13 years. Click here to request a subscription.
Register Now