Hamilton Parish, the Court of Appeal ruled yesterday.

The ruling spelled relief for objectors, including Bermuda Perfumery boss Mr.

Colin Curtis who complained that his business about 150 yards away from the store had been damaged by rummies.

But it could mean a death sentence for the 40-year-old Enterprise Grocery.

During the Court of Appeal case, MarketPlace lawyer Mr. Michael Mello argued that without a liquor licence the store would make 25 percent less profit and might not be able to stay open.

He noted that the grocery store, under different management, had been selling liquor for about 40 years with no objection to its licence.

And he said the MarketPlace would use security guards and "no trespass'' letters if necessary.

He also noted that more than $100,000 had been spent on renovations in the expectation the store would re-open.

But the court also heard that the Liquor Licensing Authority last year turned down the MarketPlace's application for a licence based objections from Mr.

Curtis, the Police, residents and Grotto Bay Beach hotel.

The objectors feared that the re-issuing of a liquor licence to the store would attract rummies and loi terers back to the area. Mr. Curtis said the store attracted loiterers who had vandalised his property and dumped syringes.

Others complained that visitors were often harassed by the rummies.

And they also noted the knifing of the store's last manager in a 1990 robbery.

The store has been closed since 1991.

But at the end of an appeal last year by the MarketPlace in the Supreme Court, Puisne Judge the Hon. Mr. Justice Ground ruled that the Authority had made a legal mistake and he recommended that the matter be sent back to the Authority for a re-hearing.

The Authority, however, turned down the MarketPlace's application a second time. And the store again appealed to the Supreme Court.

In April, Chief Justice the Hon. Sir James Astwood overturned the Liquor Licensing Authority's decision, citing a lack of fairness in the way the Authority arrived at its decision.

"In my view, the LLA has not acted fairly in dealing with this application,'' Sir James said, "and other persons who operate similar businesses in the community must be justly concerned that they may also at some future time have their licences revoked without being given a reasonable opportunity to address any objection or take any available remedial action to abate any nuisance if there is proved to be one.'' But objectors, led by Mr. Curtis, took their protest to the Court of Appeal and asked its three judges to overrule Sir James.

The Court did this yesterday, adding that it would give its reasons in a written judgment later.

Mr. Curtis told The Royal Gazette he was not surprised by the court's decision and welcomed it.

"But,'' he said "I don't regard it as victory in any sense.

"The MarketPlace are good people and under normal circumstances would have been granted a liquor licence. But the situation down there is not normal.

"It is a case of the good of the community against private enterprise.'' However, Mr. Curtis said he will support the store as much as possible.

Mr. Mello could not be reached for comment yesterday.