30 Pa. Commw. 526 | Pa. Commw. Ct. | 1977
Opinion by
This is an appeal by the Pennsylvania Liquor Control Board (Board) from an order of the Court of Common Pleas of Payette County which reversed a Board decision denying an application for a club liquor license.
Summit Lodge No. 115 of the Improved Benevolent Protective Order of Elks (Lodge) filed an application with the Board for a club liquor license for their premises located at 94 Feather Avenue, South Union Township, Uniontown. After a hearing at which the Lodge presented evidence, the Board refused to grant the license, finding inter alia that the premises proposed to be licensed were located within 300 feet of the Payette County Housing Authority (Authority) public playground. An appeal by the Lodge to the Court of Common Pleas was sustained, that court find
Section 404 of the Liquor Code
The lower court noted here, of course, that the Authority had no objection to the licensing, but this was a factor properly to be considered by the Board in exercising its discretion and we have previously held that the absence of objection does not control the Board’s decision in these matters. See Home Aid Association of John C. Tressler Post v. Pennsylvania Liquor Control Board, 25 Pa. Commonwealth Ct. 271, 273, 360 A.2d 834, 835 (1976). It is uncontested here that the Authority’s playground is within 300 feet of the premises which the Lodge proposes to license, and the lower court described the playground here concerned as a public one in its findings. The Lodge
The decision of the court below is reversed and the order of the Board is reinstated.
Order
And, Now, this 15th day of June, 1977, the order of the Court of Common Pleas of Fayette County dated February 26, 1976, is hereby reversed and the order of the Pennsylvania Liquor Control Board is hereby reinstated.
Act of April 12, 1951, P.L. 90, as amended, 47 P.S. §1-101 et seq.
See Board of Commissioners of Upper Darby Township v. Penn Continental Motor Inn, Inc., 10 Pa. Commonwealth Ct. 652, 314 A.2d 587 (1973) and the cases cited therein.