The High Court refused Peter Kingston’s application for the costs of his successful appeal over a proposed extension to the Classic Bar in Cork, ruling that the Gardaí should not be made to pay costs for carrying out their statutory role as objectors.
Mr Justice Roderick Murphy delivered the judgment on 21 March 2006. Kingston had sought costs for the High Court appeal, but not for his original application to the Circuit Court.
The appeal concerned an application under section 15 of the Intoxicating Liquor Act 1960 for a declaration that an extension to the premises at 1/3 Main Street would be fit and convenient to be licensed. In a judgment delivered on 21 December 2005, the High Court granted the declaration subject to seven conditions. The appeal was heard by way of a rehearing.
Kingston’s counsel argued that costs should follow the outcome because the declaration had been granted. She referred to the Gardaí’s objection, which cited concerns about the premises’ suitability and the number of comparable licensed premises in the neighbourhood. The Gardaí had called witnesses from a local friary, the fire service and the ambulance service. Counsel also submitted that evidence in the Circuit Court describing the premises as being on the main thoroughfare had been conceded to be incorrect.
Counsel for the objector argued that Kingston had to establish the premises’ fitness and convenience, and that further evidence was heard on appeal to address concerns raised by the Circuit Court judge, who had refused the application. She submitted that licensing applications were not disputes between parties to which the usual rule that costs follow the outcome applied. The Gardaí, she said, had a specific right to object and fulfilled a social function.
Justice Murphy said the Gardaí occupied a special position because they represented wider community interests. They were entitled to notice of the application and copies of the plans, and had considered the application and presented evidence. The judgment said no objector, including the Gardaí, would have been entitled to costs if the application had been refused; equally, the applicant would not have been entitled to costs in the Circuit Court had he succeeded there.
The judge distinguished the costs authorities cited by Kingston, saying they concerned disputes between parties, unlike an application for a declaration under the Licensing Acts. He also distinguished an earlier licensing case in which costs had been awarded in relation to a preliminary point of law against the Attorney General, who was not an objector in Kingston’s case.
The court refused the application for costs. The ruling addressed the costs of the High Court appeal; it did not alter the declaration previously granted subject to conditions.