The Dublin Circuit Court has refused to award costs to a Garda superintendent who successfully objected to Nitram Nayr Limited’s application for an extension of a licence.
Judge John O’Connor had refused the company’s licensing application on March 24, 2026. The superintendent had objected on several grounds concerning the applicant’s character and conduct. These included the prolonged operation of an unlicensed premises, breach of an undertaking given to the District Court and a conviction for trading without a licence. The judge found those objections established.
The separate costs application was decided on June 25. The superintendent argued that, having succeeded on all grounds and acted properly in the public interest, costs should follow the outcome under the Legal Services Regulation Act 2015.
Nitram Nayr opposed the application. It argued, among other things, that routinely awarding costs in licensing cases could lead to similar applications against unsuccessful objectors.
Judge O’Connor held that the Circuit Court had jurisdiction to award costs. However, he distinguished licensing proceedings from ordinary civil disputes between private parties. Such cases involve regulatory oversight and require An Garda Síochána to participate in a statutory capacity.
The court found that the company’s conduct before the licensing application justified refusal of the licence. But there was no aggravating misconduct during the court proceedings themselves, such as dishonesty or false evidence.
The judge concluded that awarding costs in those circumstances risked making costs orders routine in licensing proceedings and could have a chilling effect on statutory objectors carrying out their functions.
No order for costs was therefore made. The judgment does not alter the earlier refusal of Nitram Nayr’s licence application. It also does not establish that costs can never be awarded in licensing cases: the court expressly retained discretion to make such an order where the circumstances warrant it.