Letter from C. O'Connell Fitzsimon to D. Windrum Carlisle, 4 July 1916
1
ackd 8 July 1916
C O'CONNELL FITZSIMON
SOLICITOR
ABBEYLEIX
4th July 1916
Dear Sir
Referring to the application for a six-
day early-closing licence made on behalf of
Wm Phelan of Ballinakill to the Justices at
Abbeyleix Quarter Sessions on the 26th June
last and which was granted by the Court I
beg to state that having looked into the
authorities the applicant Mr Phelan
instructs me to inform you that he will make
no use of the certificates or order made in
his favour but will continue to trade under
the existing six-day early closing licence
and he does not propose to apply to the In-
land Revenue for an extension of the said
early-closing licence notwithstanding the
order of the Justices.
Yours faithfully
C O'Connell Fitzsimon
D. Windrum Caslisle, Esq.
D.I.R.I.C
Abbeyleix. 2 Notice of Application to Quarter Sessions for Certifi-
ate for Publican's Licence. TAKE NOTICE that it is my intention to
apply at the next General Quarter Sessions of the Peace
to be held in Abbeyleix in and for the Division of
Ballinakill and Queen's County on the 26th day of June
next for a certificate to entitle me to receive a six-
day ordinary licence to sell beer cider and spirits by
retail for consumption on the premises at my house
situate at The Square in the town of Ballinakill
townland of Ballinakill Parish of Dysartgallen Barony
of Cullenagh and Queen's County at present licensed for
such sale in my name under six-day early closing
licence and my place of abode is The Square Ballinakill
in the Queen's County
Dated this 31st day of May 1916
William Phelan Applicant.
C O'Connell Fitzsimon,
Solicitor for Applicant Abbeyleix.
To:
Colonel Sir Wm. Hutcheson Poe, Bart., C. B., J. P.,
Walter J. Murphy, Esq., J. P.
James Moore Esq., J. P.
Robert T. FitzGerald, Esq.,
Clerk of the Crown & Peace,
Peace Office Maryborough.
And to:
David Windrum Carlisle, Esq., D. I. R. I. C., Abbeyleix. 3 Abbeyleix Quarter Sessions 26th June 1916
Before His Honor the Hon D FitzGerald Chairman and the other Justices
there assembled viz:-, Col Poe, Patrick Maher, John Walsh, James Moore No. Name of applicant Nature of Licence Decision of Court
applied for
4 Phelan William Six day ordinary licence Granted
Ballinakill D FitzGerald - Chairman of Quarter Session I certify above to be a true copy of the entry in the
Licensing Book
CLERK OF THE CROWN AND PEACE
QUEEN'S COUNTY
4 Notice of Application to Quarter Sessions for
Certificate for Publican's Licence
TAKE NOTICE that it is my intention to apply at the next General Quarter
Sessions of the Peace to be held at Abbeyleix in and for the Division of Ballinakill
and Queen's County on the 26th day of June next,
for a Certificate to entitle me to receive a six day ordinary
Licence to Sell
Beer Cider and Spirits by Retail at for consumption on the premises at my
house situate at the Square i the Town of
Ballinakillk Townland of Ballinakill
in theParish of Lysartgallen Barony of
Cullenagh and Queens County at present licensed for such sale in my
name under a six day early closing licence and my place of abode is
The Square Ballinakill in the Queens County and Queen's County
Dated this 31 st day of May 1916 190
William Phelan
Applicant
C. O'Connell Fitzsimon Solicitor for Applicant
Abbeyleix
To Col Sir Wm Hutcheson Poe, Bart., C. B., J. P.
W alter J. Murphy Esq J. P.
JP James Moore Esq J. P.
Robert R T FitzGerald Esq., Clerk of the Crown and Peace
Maryborough Peace Office Mryborough
And to David Windrum Carlisle Esq D.I.R.I.C. Abbeyleix. And to the District Inspector Royal Irish Constabulary
I certify above to be a true copy of notice of application
lodged with me.
Office of the Crown and Peace
5 Application for Certificate for
extension of Publicans Licence
granted at Quarter Sessions
Queens County
Abbeyleix 27 June 1916.
I beg to report that at Abbey
leix Qr. sessions held on yesterday
before His Honor Co Court Judge
Fitzgerald and the following
Magistrates: Sir William Hutcheson
Poe Bart: Messrs Patrick Maher
John Walsh and James Moore
An application was made by
William Phelan ( Publican ) of
Ballinakill through his Solr.
Mr O'Connell Fitzsimons for
a certificate of extension of the
six day and Early closing licence
which he at present holds
to that of a six day ordinary
licence. I opposed the application
in accordance with Code Sec
1019 as being contrary to Section
2 of 2 Ediv: 7 ch: 18 and read
the decision appearing in the
The Co Inspector
6 Irish Constables Guide
in the case of Dorrian V.
Greer 1903. 3 N. I. J. R. 302
as against the granting of
the Certificate. I also pointed out that
this being a certificate for a
new licence it could not be
granted at any Quarter Sessions
but the Annual Licensing Qr
Sessions to be held in month of
October.
Sir Hutcheson Poe made an
appeal to the Judge stating that
his employees nearly all dealt
with this publican & as they were
not working according to the
Daylight Saving Bill they were not
able to reach this shop on Saturday
nights sooner than 7 1/2 pm and
consequently had only half an
hour to transact business.
He stated that he was in favour
of granting the certificate as
did also the three other local
Magistrates.
The County Court
7 Judge said that with
great diffidence and
reluctance he granted the
certificate of Extension and
owing to the short paragraph
appearing in the Constables
Guide of the decision of the
case (Dorrian) V Greer with
the circumstances of which
he was not familiar he
did not think himself justified
in refusing it. It would appear that
this is a case where
the Magistrates were canvassed
as they left the Bench
immediately the case was dis-
posed of.
M McCarthy
HC 41886
for D. Pink
C O'CONNELL FITZSIMON
SOLICITOR
ABBEYLEIX
4th July 1916
Dear Sir
Referring to the application for a six-
day early-closing licence made on behalf of
Wm Phelan of Ballinakill to the Justices at
Abbeyleix Quarter Sessions on the 26th June
last and which was granted by the Court I
beg to state that having looked into the
authorities the applicant Mr Phelan
instructs me to inform you that he will make
no use of the certificates or order made in
his favour but will continue to trade under
the existing six-day early closing licence
and he does not propose to apply to the In-
land Revenue for an extension of the said
early-closing licence notwithstanding the
order of the Justices.
Yours faithfully
C O'Connell Fitzsimon
D. Windrum Caslisle, Esq.
D.I.R.I.C
Abbeyleix. 2 Notice of Application to Quarter Sessions for Certifi-
ate for Publican's Licence. TAKE NOTICE that it is my intention to
apply at the next General Quarter Sessions of the Peace
to be held in Abbeyleix in and for the Division of
Ballinakill and Queen's County on the 26th day of June
next for a certificate to entitle me to receive a six-
day ordinary licence to sell beer cider and spirits by
retail for consumption on the premises at my house
situate at The Square in the town of Ballinakill
townland of Ballinakill Parish of Dysartgallen Barony
of Cullenagh and Queen's County at present licensed for
such sale in my name under six-day early closing
licence and my place of abode is The Square Ballinakill
in the Queen's County
Dated this 31st day of May 1916
William Phelan Applicant.
C O'Connell Fitzsimon,
Solicitor for Applicant Abbeyleix.
To:
Colonel Sir Wm. Hutcheson Poe, Bart., C. B., J. P.,
Walter J. Murphy, Esq., J. P.
James Moore Esq., J. P.
Robert T. FitzGerald, Esq.,
Clerk of the Crown & Peace,
Peace Office Maryborough.
And to:
David Windrum Carlisle, Esq., D. I. R. I. C., Abbeyleix. 3 Abbeyleix Quarter Sessions 26th June 1916
Before His Honor the Hon D FitzGerald Chairman and the other Justices
there assembled viz:-, Col Poe, Patrick Maher, John Walsh, James Moore No. Name of applicant Nature of Licence Decision of Court
applied for
4 Phelan William Six day ordinary licence Granted
Ballinakill D FitzGerald - Chairman of Quarter Session I certify above to be a true copy of the entry in the
Licensing Book
CLERK OF THE CROWN AND PEACE
QUEEN'S COUNTY
4 Notice of Application to Quarter Sessions for
Certificate for Publican's Licence
TAKE NOTICE that it is my intention to apply at the next General Quarter
Sessions of the Peace to be held at Abbeyleix in and for the Division of Ballinakill
and Queen's County on the 26th day of June next,
for a Certificate to entitle me to receive a six day ordinary
Licence to Sell
Beer Cider and Spirits by Retail at for consumption on the premises at my
house situate at the Square i the Town of
Ballinakillk Townland of Ballinakill
in theParish of Lysartgallen Barony of
Cullenagh and Queens County at present licensed for such sale in my
name under a six day early closing licence and my place of abode is
The Square Ballinakill in the Queens County and Queen's County
Dated this 31 st day of May 1916 190
William Phelan
Applicant
C. O'Connell Fitzsimon Solicitor for Applicant
Abbeyleix
To Col Sir Wm Hutcheson Poe, Bart., C. B., J. P.
W alter J. Murphy Esq J. P.
JP James Moore Esq J. P.
Robert R T FitzGerald Esq., Clerk of the Crown and Peace
Maryborough Peace Office Mryborough
And to David Windrum Carlisle Esq D.I.R.I.C. Abbeyleix. And to the District Inspector Royal Irish Constabulary
I certify above to be a true copy of notice of application
lodged with me.
Office of the Crown and Peace
5 Application for Certificate for
extension of Publicans Licence
granted at Quarter Sessions
Queens County
Abbeyleix 27 June 1916.
I beg to report that at Abbey
leix Qr. sessions held on yesterday
before His Honor Co Court Judge
Fitzgerald and the following
Magistrates: Sir William Hutcheson
Poe Bart: Messrs Patrick Maher
John Walsh and James Moore
An application was made by
William Phelan ( Publican ) of
Ballinakill through his Solr.
Mr O'Connell Fitzsimons for
a certificate of extension of the
six day and Early closing licence
which he at present holds
to that of a six day ordinary
licence. I opposed the application
in accordance with Code Sec
1019 as being contrary to Section
2 of 2 Ediv: 7 ch: 18 and read
the decision appearing in the
The Co Inspector
6 Irish Constables Guide
in the case of Dorrian V.
Greer 1903. 3 N. I. J. R. 302
as against the granting of
the Certificate. I also pointed out that
this being a certificate for a
new licence it could not be
granted at any Quarter Sessions
but the Annual Licensing Qr
Sessions to be held in month of
October.
Sir Hutcheson Poe made an
appeal to the Judge stating that
his employees nearly all dealt
with this publican & as they were
not working according to the
Daylight Saving Bill they were not
able to reach this shop on Saturday
nights sooner than 7 1/2 pm and
consequently had only half an
hour to transact business.
He stated that he was in favour
of granting the certificate as
did also the three other local
Magistrates.
The County Court
7 Judge said that with
great diffidence and
reluctance he granted the
certificate of Extension and
owing to the short paragraph
appearing in the Constables
Guide of the decision of the
case (Dorrian) V Greer with
the circumstances of which
he was not familiar he
did not think himself justified
in refusing it. It would appear that
this is a case where
the Magistrates were canvassed
as they left the Bench
immediately the case was dis-
posed of.
M McCarthy
HC 41886
for D. Pink
This letter was written by Christopher O'Connell Fitzsimon (1860 - 1947), a solicitor from Queen's County. The letter was written by David Windrum Carlisle (b. 1887). Carlisle was a district inspector with the Royal Irish Constabulary. During the First World War he was seconded into the Royal Garrison Artillery until he was invalided out in 1919 after being severely wounded. This letter concerns the application of William Phelan for an extension of his six-day early closing licence under the Licensing Act, 1902. Phelan's notice of application and application form are enclosed with the letter.
How to cite
Letters 1916, published by the Austrian Centre for Digital Humanities, Vienna, 2026 (https://letters1916static.github.io/letters1916-static/item__2494.html)