Liquor licence renewal refused for highway-distance breach and non-compliance with transfer and renewal requirements.

Renewal of an FL-11 liquor licence was declined because the licensed premises were found within the prohibited distance from the outer edge of the State Highway and had direct access from the highway. The distance restriction was applied to the premises as a whole, and the argument that only the bar room lay beyond the restricted zone was rejected. The licence also stood in another person's name, and no valid application for transfer or renewal in the second petitioner's name had been made under the Foreign Liquor Rules. In the absence of illegality, arbitrariness, or jurisdictional error, interference with the refusal to renew was not warranted.

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Issues: Whether interference was warranted with the order declining renewal of the FL-11 licence on the grounds of violation of the highway-distance restriction and absence of a valid application for transfer or renewal in the name of the second petitioner.

Analysis: The licensed premises were found to be situated within the prohibited distance from the outer edge of the State Highway and to have direct access from the highway. The distance restriction applicable to liquor vends was held to govern the licensed premises as a whole, and the plea that only the bar room stood at a greater distance was not accepted. The Court also found that the licence stood in another individual's name and no proper application for transfer or renewal in the name of the second petitioner had been made in accordance with the Foreign Liquor Rules. In these circumstances, no illegality, arbitrariness, or other jurisdictional error in the impugned order was shown.

Conclusion: Interference with the refusal to renew the licence was not warranted, and the challenge to the order failed.

Ratio Decidendi: Renewal of a liquor licence may be refused where the licensed premises falls within the prohibited highway distance and has direct access from the highway, and where the applicant has not complied with the prescribed transfer or renewal requirements under the applicable rules.

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