decision limiting them to beer and wine sales.

Supreme Court judge the Hon. Mr. Justice Ground said the Board's earlier decision was unreasonable.

On January 25 Lightbourne Brothers Mini Mart applied for an unrestricted "A'' License for their convenience store in Southampton.

The store already held a restricted "A'' license limiting them to the sale of beer and wine, for the renewal of which they had made a separate, earlier application on December 7, 1992.

The purpose of the later application was to remove the restriction to beer and wine, and enable them to sell spirits as well.

Lightbourne Brothers appeared before the Tribunal on March 24 but were refused.

Mr. Justice Ground said that at the hearing before him, the main argument was that the decision was unreasonable and could not be supported.

"There were three letters of objection written by the Commissioner of Police, Mr. Reginald Burrows JP MP who is a neighbour that lives near the premises, and Rev. C.M. Simmons, of the AME church which is located near the premises and whose parsonage is almost immediately across the road from the store.

Mr. Justice Ground said the main issue was: "Whether it is a reasonable objection that the store might attract an undesirable element and lead to public drinking.

"The appellants' principle point on this was that the store had been operating under a restricted "A'' licence for over a year without any difficulty or complaint.

"The evidence was that the business was well run and that it had so far been managed in such a way as to avoid the problems of loitering and public drinking.'' He added that Mr. Burrows in his evidence and the Commissioner in his original letter said that they did not object to the licence continuing on a beer and wine basis only.

Mr. Justice Ground accepted the submission made by the appellant's lawyer Mr.

Tim Marshall saying that "in the case of wholly new applications for a Liquor Licence, where there is no history to look to, it would be permissible to speculate on the likely effects of the sale of liquor from the outlet concerned.'' In conclusion Mr. Justice Ground said: "Having reviewed all the evidence. I cannot see any that could support the conclusion arrived by the Tribunal. On the facts before the Licensing Authority its decision was unreasonable and cannot be supported.

"I therefore allow the appeal, and remit the matter to the Authority with a direction to grant the unrestricted "A'' licence which they had refused.