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18 1960

INTOXICATING LIQUOR ACT, 1960

PART III.

Licensing.

New Licences.

Grant of new licence in rural area in substitution for two existing licences.

13. —(1) Where a person (in this section referred to as the applicant) duly gives notice of his intention to apply for a licence in respect of premises (in this section referred to as the new premises) to which no licence is attached and, at the proceedings in the Court in relation to such application, the applicant shows to the satisfaction of the Court that—

(a) in respect of each of two premises (in this section referred to as the existing premises) a licence is in force and in respect of each licence either—

(i) the applicant is the holder thereof, or

(ii) if he is not the holder thereof he has procured the consent of the holder thereof to the extinguishing of the licence if and when a licence in respect of the new premises is granted to the applicant pursuant to this section,

(b) the licences (in this section referred to as the old licences) attached to the existing premises are of the same character,

(c) the rateable valuation of the new premises is not less than ten pounds, and

(d) the new premises are not situate in a county or other borough, an urban district or a town,

the Court shall, notwithstanding anything contained in the Act of 1902, cause a certificate to be given to the applicant entitling him to receive a licence in respect of the new premises, unless the Court in its absolute discretion prohibits the issuing of the licence—

(I) on the ground of the character, misconduct or unfitness of the applicant, the unfitness or inconvenience of the new premises or the number of previously licensed premises in the neighbourhood, or

(II) on the ground that the existence of a licence for the new premises would be unreasonably detrimental to the business then carried on in some premises licensed for the sale by retail of intoxicating liquor in the neighbourhood.

(2) (a) The licence granted in pursuance of this section shall be of the same character and be subject to the same conditions as the licences attached to the existing premises.

(b) Nothing in the Act of 1902 shall prevent the grant of the new licence.

(c) Upon the grant of the new licence, the licences attached to the existing premises (in this section referred to as the old licences) shall be extinguished.

(d) Any conviction which became recorded on either of the old licences under section 25 of the Act of 1927 at a time (if any) when the applicant was the holder of the licence and which is still recorded thereon at the time of the grant of the new licence by the Revenue Commissioners shall be deemed to be recorded on the new licence under that section and to have been so recorded on the date when it became recorded on the old licence, provided that if more than two convictions are so recorded on the old licences, only the latest two shall be deemed to be recorded on the new licence.

(e) Upon the grant of the new licence, the existing premises shall, for the purposes of the Act of 1902, be deemed never to have been licensed.

Grant of new licence in respect of premises substituted for demolished premises.

14. —(1) Where a person (in this section referred to as the applicant) duly gives notice of his intention to apply for a licence in respect of premises (in this section referred to as the new premises) to which no licence is attached and at the proceedings in the Court in relation to such application, the applicant shows to the satisfaction of the Court—

(a) that premises (in this section referred to as the original premises) were demolished not more than two years before the date on which the said notice by the applicant was served on the County Registrar or District Court Clerk, as the case may be, and

(b) that a licence was attached to the original premises when they were so demolished, and

(c) that at the time of the said hearing before the Court the new premises are lawfully occupied by the applicant and—

(i) that they are located on the site of the original premises, or

(ii) if they are not so located, that they are located, either, partly on that site or in the immediate vicinity and that the location of the new premises where they are rather than on the site of the original premises is unlikely of itself to have a materially adverse effect on the business carried on in any licensed premises in the neighbourhood, and

(d) that at the time of the said hearing before the Court the applicant is in lawful occupation of the site and any remains of the original premises or that he has procured the consent of the lawful occupier of such site and remains to the making of the application, and if the licence referred to in paragraph (b) of this subsection is then subsisting, to the extinguishing thereof if and when a licence is granted pursuant to this section, and

(e) that the new premises are more suitable than the original premises for the business of selling intoxicating liquor,

the Court shall, notwithstanding anything contained in the Act of 1902, cause such certificate as is mentioned in section 5 of the Licensing (Ireland) Act, 1833, to be given to the applicant declaring him to be duly entitled to receive a licence in respect of the new premises, unless the Court, in consequence of an objection made under section 4 of that Act, prohibits under that section the issuing of such licence on one or more of the following grounds, that is to say, the character, misconduct, or unfitness of the applicant or the unfitness of the new premises.

(2) Where, in a case to which the foregoing subsection of this section applies, the certificate referred to in that subsection is given to the applicant, the following provisions shall apply and have effect, that is to say:—

(a) the licence (in this subsection referred to as the new licence) to which the applicant is declared by the said certificate to be entitled and which is granted to him in pursuance of that certificate shall be a licence of the same character in all respects (including conditions inserted therein) as the licence (in this subsection referred to as the old licence) which was attached to the original premises when they were so demolished;

(b) nothing in the Act of 1902 shall operate to prevent the grant of the new licence to the applicant;

(c) upon the grant of the new licence, the old licence (if then subsisting) shall be extinguished;

(d) any conviction which became recorded on the old licence under section 25 of the Act of 1927 at a time (if any) when the applicant was the holder of the licence and which, either, is still recorded thereon or would, but for the expiry of that licence, be still recorded thereon at the time of the grant of the new licence by the Revenue Commissioners shall be deemed to be recorded on the new licence under that section and to have been so recorded on the date when it became recorded on the old licence;

(e) upon the grant of the new licence, the original premises shall, for the purposes of the Act of 1902, be deemed never to have been licensed.

(3) Where, before the demolition of the original premises, an application in relation to the new premises or (if the new premises have not been constructed) the proposed new premises is made to the Court under section 15 of this Act, the original premises shall be deemed, for the purposes of that section, but not otherwise, to have been demolished, but an application under section 17 of this Act in respect of the new premises shall not be granted unless the Court (being otherwise satisfied, having regard to the provisions of that section, to grant the application) is satisfied that the original premises have been demolished.

Declaration as to fitness and convenience of proposed licensed premises or as to suitability of proposed registered club premises.

15. —(1) Where a person proposes to acquire, construct or alter premises (not being premises in relation to which an application may be brought under section 8 of the Intoxicating Liquor Act, 1953 ) and to apply to the Circuit Court or the District Court, as may be appropriate, for the grant of a certificate entitling him to receive a licence in respect of the premises, he may apply to that Court for a declaration that the premises would be fit and convenient to be so licensed, and, if he shows to the satisfaction of the Court—

(a) that, if the acquisition, construction or alteration, as the case may be, of the premises were then completed and the application for the grant of the certificate aforesaid were then made and no objection on the ground of the character, misconduct or unfitness of the applicant were made on the hearing of the application, it would be proper, having regard to the provisions of the Licensing Acts, 1833 to 1960, to grant the application, and

(b) in any case where the applicant proposes to construct premises, that he is the holder of the lowest estate or tenancy in the site on which it is proposed to construct the premises or, if he is not such holder, that the holder thereof has agreed to convey the lowest estate or tenancy in the site to the applicant if and when a declaration under this section is made in relation to the site,

the Court, if it is so satisfied, may grant the application on such terms as the Court may think fit.

(2) Where a club proposes to acquire, construct or alter premises for its occupation and to apply to the Circuit Court or District Court, as may be appropriate, for the grant or renewal of a certificate of registration under the Act of 1904 applicable to those premises, it may apply to that Court for a declaration—

(a) that the premises would be suitable for the grant or renewal, as the case may be, of a certificate of registration under the Act of 1904 applicable thereto, and

(b) if the application is for the grant of such certificate, that the number of clubs registered under the Act of 1904 which are of the character of the club so applying and have premises in the district in which the premises the subject of the application are situate would not be such as to require the refusal of the application,

and the Court, if it is so satisfied, may grant the application on such terms as it may think fit.

(3) The intending applicant under subsection (1) or subsection (2) of this section shall—

(a) cause to be inserted, at least twenty-one days before the making of the intended application, in a newspaper circulating in the place in which it is proposed to have the premises, notice of intention to make the application,

(b) give the Superintendent of the Garda Síochána, within whose district it is proposed to have the premises, at least twenty-one days' notice in writing of intention to make the application, and

(c) cause to be deposited with the said Superintendent a copy of the plans of the premises.

(4) The application shall be accompanied by a plan of the premises.

(5) In relation to premises the subject of an application under subsection (1) of this section, any person who would be entitled to object to an application for the grant of a certificate entitling the applicant to receive a licence in respect of the premises shall be entitled to object in like manner to an application under subsection (1) of this section and, in relation to premises the subject of an application under subsection (2) of this section, any person who would be entitled to object to an application for the grant or renewal of a certificate of registration under the Act of 1904 applicable to the premises shall be entitled to object in like manner to an application under subsection (2) of this section.

(6) A declaration under subsection (1) or subsection (2) of this section shall remain in force for two years from the grant of the application or for such longer period as the Court granting the application may in any particular case think proper to provide.

(7) Where, in respect of any premises, or proposed premises, either a declaration under subsection (1) of this section is in force but a licence has not been granted since the granting of the declaration, or a declaration under subsection (2) of this section is in force but a certificate of registration under the Act of 1904 applicable thereto has not been granted since the granting of the declaration, those premises shall, for the purposes of an objection to an application for the grant of a certificate entitling the applicant to receive a licence or the grant of a certificate of registration under the Act of 1904 applicable thereto, as the case may be, or to an application under subsection (1) or subsection (2), as the case may be, of this section, but for no other purpose, be deemed to be a licensed premises or a club registered under the Act of 1904, as the case may be.

(8) In this section “the Act of 1904” means the Registration of Clubs (Ireland) Act, 1904.

Declaration as to suitability of licensed premises for restaurant certificate or limited restaurant certificate.

16. —(1) Where a person proposes to acquire, construct or alter premises and to apply for the grant of a restaurant certificate, within the meaning of section 12 of the Act of 1927, in relation to the premises, he may apply to the Court to which it is proposed to apply for the grant of the restaurant certificate for a declaration that the premises would be structurally adapted for use as a restaurant, refreshment house or other place for supplying substantial meals to the public, and the Court, if it is so satisfied, may grant the application on such terms as it may think fit.

(2) Where a person proposes to acquire, construct or alter premises and to apply for the grant of a limited restaurant certificate, within the meaning of section 12A of the Act of 1927, in relation to any portion of the premises, he may apply to the Court to which it is proposed to apply for the grant of the limited restaurant certificate for a declaration that—

(a) that portion of the premises would be structurally adapted for use as a restaurant, refreshment house or other place for supplying substantial meals to the public,

(b) that portion of the premises would not include a public bar, or part of a room in another part of which there would be a public bar, and

(c) there would be public access to that portion of the premises otherwise than through a public bar,

and the Court, if it is so satisfied, may grant the application on such terms as it may think fit.

(3) The intending applicant under either of the foregoing subsections of this section shall give the Superintendent of the Garda Síochána, within whose district it is proposed to have the premises, at least ten days' notice in writing of intention to make the application and cause to be deposited with the said Superintendent a copy of the plans of the premises.

(4) An application under either subsection (1) or subsection (2) of this section shall be accompanied by a plan of the premises.

(5) A declaration under this section shall remain in force for two years from the grant of the application or for such longer period as the Court granting the application may in any particular case think proper to provide.

(6) In this section “public bar” includes any place exclusively or mainly used for the sale and consumption of intoxicating liquor.

Licensing or certification of premises the subject of a declaration.

17. —(1) If, on the hearing of an application for the grant of a: certificate entitling the applicant to receive a licence in respect of any premises, it is shown to the satisfaction of the Court that a declaration has been made by the Court under subsection (1) of section 15 of this Act and that the premises have been acquired, constructed or altered in substantial accordance with the terms of the declaration, it shall not be open to the Court to refuse the application—

(a) in a case where it is made pursuant to section 21 of the Act of 1943, on any ground, and

(b) in any other case, on any ground other than the character misconduct or unfitness of the applicant.

(2) If, on the hearing of an application for a grant or renewal of a certificate of registration under the Act of 1904 applicable to any premises, it is shown to the satisfaction of the Court hearing the application that a declaration has been made by the Court under subsection (2) of section 15 of this Act and that the premises have been acquired, constructed or altered in substantial accordance with the terms of the declaration, the Court shall not receive any objection to the application grounded upon the unsuitability of the premises or upon the number of clubs registered under the Act of 1904 which are of the character of the club making the application and have premises situate in the district in which the premises the subject of the application are situate.

(3) A declaration under section 41 of the Tourist Traffic Act, 1952 which is in force at the commencement of this Act, shall, notwithstanding the repeal of that section, remain in force for the period provided for in subsection (5) thereof and shall be deemed for the purposes of subsection (7) of section 15 of this Act and subsection (1) of this section to be a declaration under subsection (1) of section 15 of this Act.

(4) If, on the hearing of an application for the grant of a restaurant certificate, within the meaning of section 12 of the Act of 1927, in relation to any premises it is shown to the satisfaction of the Court that a declaration has been made under subsection (1) of section 16 of this Act and that the premises have been acquired, constructed or altered in substantial accordance with the terms of the declaration, it shall not be open to the Court to refuse the application on any ground other than that the premises are not bona fide and mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public.

(5) If, on the hearing of an application for the grant of a limited restaurant certificate, within the meaning of section 12A of the Act of 1927, in relation to any portion of a premises it is shown to the satisfaction of the Court that a declaration has been made under subsection (2) of section 16 of this Act and that the premises have been acquired, constructed or altered in substantial accordance with the terms of the declaration, it shall not be open to the Court to refuse the application on any ground other than that that portion of the premises is not bona fide and mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public.

(6) In this section references to declarations are references to declarations that are in force.

Use of map in describing premises.

18. —Premises may be described in a declaration or certificate under any of the preceding sections of this Part of this Act by reference to a map attached thereto.

Hotels.

Public bars in hotels in certain cases.

19. —(1) Where a person who holds a licence in respect of a hotel which was granted by virtue of paragraph (2) of section 2 of the Act of 1902 shows to the satisfaction of the District Court, on application thereto at any sitting thereof for the Court area in which the hotel is situate, that, in respect of an ordinary seven-day licence (not being a licence granted by virtue of paragraph (2) of section 2 of the Act of 1902), either—

(a) he is the holder thereof, or

(b) he has procured the consent of the holder to the extinguishing thereof,

the Court may order that the ordinary seven-day licence be extinguished.

(2) When an order under subsection (1) of this section is made—

(a) it shall be lawful, notwithstanding anything contained in the Act of 1902, to have in the hotel a public bar for the sale of intoxicating liquor,

(b) the ordinary seven-day licence shall be extinguished, and

(c) if the premises to which the ordinary seven-day licence was attached immediately before the making of the order were premises to which paragraph (1) of section 2 of the Act of 1902 applied, that paragraph shall cease to apply to them.

(3) Where—

(a) a certificate entitling the holder thereof to receive a licence in respect of a hotel has been granted by virtue of paragraph (2) of section 2 of the Act of 1902, and

(b) on the hearing of the application for the grant of the certificate the holder—

(i) has indicated to the Court that he wishes to have in the hotel a public bar for the sale of intoxicating liquor and has shown, to the satisfaction of the Court, in relation to an ordinary seven-day licence (not being a licence granted by virtue of paragraph (2) of section 2 of the Act of 1902), either—

(I) that he is the holder thereof, or

(II) that he has procured the consent of the holder thereof to the extinguishing of the licence if and when a licence in respect of the hotel is granted, or

(ii) has shown to the satisfaction of the Court that an order has previously been made under this section in relation to the hotel,

then, the Court may by order direct that, upon the grant of the licence in respect of the hotel, the ordinary seven-day licence be extinguished.

(4) When an order under subsection (3) of this section is made, then, upon the grant of the licence in respect of the hotel—

(a) it shall be lawful, notwithstanding anything contained in the Act of 1902, to have in the hotel a public bar for the sale of intoxicating liquor,

(b) the ordinary seven-day licence shall be extinguished, and

(c) if the premises to which the ordinary seven-day licence was attached immediately before the making of the order, were premises to which paragraph (1) of section 2 of the Act of 1902 applied that paragraph shall cease to apply to them.

(5) In this section—

hotel” means a house containing at least ten, or, if situate in a county borough (which expression shall be deemed for the purposes of this section to include the Dublin Metropolitan District), twenty apartments set apart and used exclusively for the sleeping accommodation of travellers and having no public bar for the sale of intoxicating liquor;

ordinary seven-day licence” has the meaning assigned to it by subsection (2) of section 11 of the Act of 1927.

Requirement that certain licensed hotels be registered with Bord Fáilte Éireann.

20. —An application for a certificate for the renewal of a licence in respect of which effect was given to subsection (1) of section 42 of the Tourist Traffic Act, 1952 , or which was granted after the passing of this Act by virtue of paragraph (2) of section 2 of the Act of 1902 shall not be granted unless it is shown to the satisfaction of the Court hearing the application for the grant of the certificate that the hotel is registered in the register of hotels kept by Bord Fáilte Éireann.

Meaning of “hotel” in the Act of 1902.

21. —(1) Paragraph (2) (which provides for the licensing of hotels) of section 2 of the Act of 1902 is hereby amended by the substitution for “at least ten apartments” of “at least ten, or, if situate in a county borough (which expression shall be deemed, for the purposes of this section, to include the Dublin Metropolitan District), twenty apartments”.

(2) The amendment effected by subsection (1) of this section shall not operate to prevent the grant of a certificate entitling the holder to receive a licence by virtue of paragraph (2) of section 2 of the Act of 1902 in respect of a house containing more than nine and less than twenty apartments set apart and used exclusively for the sleeping accommodation of travellers, having no public bar for the sale of intoxicating liquor and situate in a county borough (which expression shall be deemed, for the purposes of this subsection, to include the Dublin Metropolitan District) if it is shown to the satisfaction of the Court hearing the application for the certificate—

(a) that a licence (in this subsection referred to as the former licence) which was granted by virtue of paragraph (2) of section 2 of the Act of 1902 in respect of the house has expired and has not since been renewed, and

(b) if the notice of the application for the certificate required to be given by rules of court to the appropriate County Registrar or the appropriate District Court Clerk, as the case may be, is given more than two years after the passing of this Act, that the day on which the former licence last expired is not more than five years before the day on which the notice aforesaid was given.