belfasttelegraph

Wednesday 22 May 2013

Sainsbury's win Bangor off-licence battle

Competitiors have failed in a legal bid to stop Sainsbury's from opening an off-licence at its new Co Down superstore.

A High Court judge dismissed other traders’ right to object on the basis that they do not operate in the same vicinity.

The ruling clears the way for off sales at the retail giant's outlet in Balloo, Bangor.

Companies who run Wine Inns, Russell Cellars and Winemark had appealed a County Court decision which granted a licence to Sainsbury's.

They argued that demand is already being adequately met within the vicinity.

But lawyers for Sainsbury's claimed they had no right to bring a challenge as they did not operate in the same area.

Mr Justice Gillen's decision came down to the assessment of whether the objectors fell outside or within the vicinity of the superstore.

Backing the earlier decision, he ruled: “The objectors in this case have failed to establish that they own or reside in the vicinity of the premises for which the licence is sought and thus may not object to the grant of this licence.”

Affirming the County Court decision, he added: “I am therefore satisfied that there is no valid objectors before this court and hence there is no valid basis for this appeal being taken.”

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