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Young v O’Connell: QBD 25 May 1985

The word ‘ancillary’ in the Act meant subordinate or secondary. Richards -v- Bloxham (Binks) establishes that ‘where there is the provision of both music and dancing and substantial refreshment, that is to say food, to which the supply of intoxicating liquor is ancillary, the relative priorities as between music and dancing and food does not matter. That is precisely what the first sentence of the report in the Plaos case in the Times says. But it is not authority for the proposition that priority as between music and dancing and food on the one hand and liquor on the other hand does not matter. . . In my judgment, in considering whether to grant a special hours certificate, a comparison of the relevant importance of the sale of liquor to the provision of music and dancing and food does matter. Indeed it is essential to make that comparison, in my judgment, in order to decide whether the sale of liquor will be ancillary. As I pointed out in argument, the root of the English word ‘ancillary’ is the Latin word ‘ancilla’, which means a maidservant. The dictionary meaning of ancillary in the Shorter Oxford Dictionary is subservient or subordinate. In my judgment in its meaning in this Act that is the sense in which the word must be understood.’

Judges:

Glidewell J

Citations:

Times 25-May-1985

Statutes:

Licensing Act 1964 77

Jurisdiction:

England and Wales

Citing:

CitedRichards v Bloxham (Binks) QBD 1968
The applicant appealed refusal by magistrates to revoke a Supper Hours Certificate.
Held: Describing section 77, ‘Pausing there, I should have thought as a matter of ordinary language that that is enabling justices to grant a special hours . .

Cited by:

CitedLuminar Leisure Ltd v Norwich Crown Court Admn 3-Oct-2003
The claimant challenged a grant on appeal of a Supper Hours Certificate. It had been refused initially on the ground that in reality it was sought merely to secure extended licensing hours.
Held: The purpose of the licensee must be that the . .
Lists of cited by and citing cases may be incomplete.

Licensing

Updated: 05 April 2022; Ref: scu.186577

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