A recent legal dispute regarding the prosecution authority for cases involving the sale of intoxicating drinks without a license has come before the King’s Bench Division. The case involves the application of District-Inspector Loch for a mandamus to compel the Justices to provide a statement for consideration by the Court.

In this case, the prosecutor issued a summons against Cornelius Cunningham for allegedly keeping intoxicating drinks for sale without a proper license near Galbally, Co. Limerick. However, an exception was taken during the complaint hearing, challenging the prosecutor’s right to maintain the prosecution. The Justices believed that such cases fell under the jurisdiction of the Revenue Act, and thus the right to prosecute should rest with the Revenue authorities, not the Constabulary.

As a result of these complications, the Justices adjourned the matter and declined the District Inspector’s request to state a case for consideration. During the mandamus application hearing, the Justices’ counsel clarified that they sought a declaration from the Court for guidance on the issue. A conditional order for a mandamus was granted, including a claim for a mandamus to hear and determine the question.

In their judgment, Mr Justice Johnson and Mr Justice Gibson reviewed the Licensing Code in detail and concluded that the authority to prosecute under the relevant Act indeed belonged to the Constabulary. As a result, the Justices were required to hear and determine the complaint based on the Licensing Code.

Constabulary Gazette (Dublin) – Saturday 03 March 1906