Yesterday, in the King’s Bench Division, the legal battle reached its conclusion in the case of The King (District Inspector O’Beirne) v. County Court Judge and others, Justices of the Peace, Co. Limerick. The proceedings, presided over by the Lord Chief Baron, Mr Justice Kenny, and Mr Justice Wright, centred around an application made by Mr Patrick O’Beirne, District Inspector of the Royal Irish Constabulary (R.I.C.). The application sought an order to make absolute a conditional order of certiorari. This order aimed to quash a certificate granted by the Quarter Sessions of Rathkeale, County Limerick, entitling Miss Anne M. Cahill to a publican’s licence for premises in Bridge Street, Newcastle West, Co. Limerick.
The intricate details of the case revealed that before 1903, the premises in question were connected by internal communication with the adjacent property, both collectively known as Ahern’s Hotel and held under a single licence. However, in 1903, the properties were sold, and Miss Cahill established a chemist’s shop in one of the buildings. The applicant argued that her application fell within the exceptions outlined in Section 2 of the Licensing Act, 1902, particularly Subsection 1. The certificate had been granted by the majority of magistrates, with the County Court Judge and Mr H. Sullivan opposing its issuance.
The grounds for seeking to quash the certificate were multifaceted. Firstly, it was contended that the certificate was granted without and exceeding jurisdiction. Secondly, there was the assertion that there was no authority to grant it respecting a portion only of premises that had been licensed since January 1, 1902. Finally, the applicant raised concerns about the impartiality of the Court of Quarter Sessions, alleging bias due to the presence of magistrates who had been canvassed by Miss Cahill.
Representing District Inspector O’Beirne were The Solicitor-General and Mr J. Linehan, instructed by Mr M. Kelly, Chief Crown Solicitor. On the other side, Mr James O’Connor, K.C., and Mr Robert Holmes, instructed by Mr P. J. Liston, appeared for Miss Cahill. Following the conclusion of arguments, the Court made the significant decision not to make the conditional order absolute. Instead, it directed that the order should be discharged without costs. It expressed the opinion that the application for the certificate fell within the exceptions outlined in Section 2 and that there was no evidence of bias for the magistrates.
Dublin Daily Express – Tuesday 25 April 1911
