Tesco loses court bid for full liquor licence in express shop

BY ANN HEALY

British supermarket giant Tesco has lost a landmark court battle for permission to apply for off-licence at its new ‘Tesco Express’ outlet in Newcastle, following a series of objections at Galway Circuit Civil Court.

The retailer admitted trade in the store is 35% down on what it should be if a full wine, beer and spirit licence was in place.

Judge Raymond Groarke said he would allow the company to apply for a wine-only licence, but it must first investigate fully complaints about noise from a neighbouring resident, including paying for soundproofing of her home.

Granting the declaration in respect of a wine licence only, Judge Groarke said he had to move with the times, but he refused to grant the multinational permission to apply for a licence in respect of the sale of beer and spirits.

Tesco had applied to the District Court last year for a full off-licence to sell beer, wine and spirits at the store opposite University Hospital Galway. Judge Mary Fahy refused the application last June and the company immediately lodged an appeal against her decision to the Circuit Court.

Concerns were expressed at the District Court hearing by a number of objectors that the close proximity of another off-licence to the University with its huge student population would lead to antisocial behaviour in what is regarded as a mature, residential area.

Ms. Constance Cassidy SC, representing Tesco, told Judge Groarke at the Circuit Court hearing last Friday that if he granted the company a declaratory order in respect of beer, wine and spirits, she could then go back to the District Court and apply for a certificate (to look for a full off-licence which is issued by the Revenue Commissioners). 

For more read this week's Connacht Sentinel.