157 / 342
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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