The Gazette 1987

GAZETTE

by the Circuit Court in July 1978 was a new licence but submitted that since the premises for which the licence was granted had existed prior to the passing of the Intoxicating Liquor Act 1 960 as an hotel licensed under the provisions of section 2(2) of the Licensing (Ir.) Act 1902, the licence granted by the Circuit Court in 1978 was not a licence to which section 20 of the 1960 Act applied. Barron J. rejected the submission: "Section 20 of the Intoxicating Liquor Act 1960 does not refer to premises. It refers to a licence. Accordingly, it seems to me that it is immaterial whether or not the premises to which the licence relates was or was not so licensed prior to the passing of the Act. The licence under which the premises are now licensed was granted since the passing of the Act and accordingly the applicant's first submission fails." The decision in Carrick Hall Holdings Ltd. -v- Dublin Cor- poration [1983] ILRM 268 illus- trates an unusual problem which may arise if the licence attached to

premises was an hotel licence at any time after 1 October 1964. The facts in that case were that the plaintiff had purchased in 1 975 an hotel to which an hotel licence was a t t ached. He subsequently succeeded under other provisions of the Licensing Code in having an ordinary public-house licence granted in respect of the premises, and having converted part of the ground floor into a lounge bar carried on an ordinary publican's lounge bar trade. These changes led to a large increase in the licensed trade. An Bórd Pleanála, on a reference to it by the defendant, decided that a change of use of the premises from use as an hotel without a public bar to use as a hotel w i th a public bar was development within the meaning of the Local Government (Planning and Development) Act 1963, and was not exempted development. The plaintiff appealed to the High Court. He argued that as a licensed trade had been carried on before the construction of the public bar there had been no change of use. The appeal was dismissed, McWilliam J. holding that inten-

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