Underwood v The Commissioner of Police

• Jurisdiction: Montserrat
• Court: Court of Appeal (Montserrat)
• Judge: Floissac, C.J.
• Judgment Date: 30 April 1993
• Neutral Citation: MS 1993 CA 4
• Docket Number: Miscellaneous Appeal No. 2 of 1993
• Date: 30 April 1993

Underwood

and

The Commissioner of Police

Floissac, C.J.; Byron, J.A.; Liverpool, J.A.

Miscellaneous Appeal No. 2 of 1993

High Court/Court of Appeal

Appeal — Appeal against Magistrate's refusal to grant liquor licence — Licence refused on ground that there was a sufficient number of premises already licensed to meet need of neighbourhood — Whether Magistrate exercised judicial discretion on wrong facts — Liquor Licence Ordinance, Cap. 235, 19 (a)(vi).

Appearances:

Mr. O. Sergeant for the appellant.

Mr. J. Kirnon for the respondent

Floissac, C.J.

1 On the 5th March, 1993, Magistrate A.B. Ryan denied the appellant a liquor licence on the ground that “There is a sufficient number of licenced premises to meet the needs of the neighbourhood”. In so doing, the learned magistrate purported to act under section 19(a)(vi) of the Liquor Licence Ordinance, Cap. 235 of the Laws of Montserrat which provides that:

2 “An application for a licence under this Ordinance may be refused on any one or other of the grounds following, that is to say -

3 (a) in case of premises not already licensed that -

4 (vi) there is a sufficient number of premises already licensed to meet the needs of the neighbourhood.”

5 In refusing the licence, the learned magistrate said:

6 “It is clear from the section that the Court has a discretion to grant or not to grant a licence when objection is founded on section 19.

7 I do not agree that the police led no evidence to substantiate their objection under the law. I therefore uphold the objection of the police to the grant of a general licence to this applicant. In so doing I take into consideration

• (1) The...