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15 1927

INTOXICATING LIQUOR ACT, 1927

PART III.

Endorsement of Licences.

Interpretation.

24. —In this Part of this Act the expression “offence to which this Part of this Act applies” means and includes any offence against any of the enactments mentioned in the First Schedule to this Act or any enactment for the time being in force relating to the adulteration of drink or any offence under the provisions of this Act relating to prohibited hours.

Recording of convictions on licences.

25. —(1) Whenever the holder of any licence for the sale of intoxicating liquor by retail is convicted of an offence to which this Part of this Act applies the conviction shall, if the person so convicted is the holder of one such licence only, be recorded on such licence or, if such person is the holder of two or more such licences in respect of the same premises, be recorded on all such licences or, if such person is the holder of two or more such licences which do not all relate to the same premises, be recorded on such one or more of those licences as relate to the premises in respect of which the offence was committed.

(2) Whenever a conviction of the holder of a licence is under this section recorded on such licence such conviction shall, in the case of the first conviction so recorded on such licence after the passing of this Act, continue so recorded for the period of five years from the date of the conviction and, in the case of the second conviction so recorded on such licence after the passing of this Act, continue so recorded for the period of seven years from the date of the conviction and, in the case of the third conviction and of every subsequent conviction so recorded on such licence after the passing of this Act, continue so recorded for the period of ten years from the date of the conviction.

(3) Every conviction recorded on a licence under this section shall, at the expiration of the period during which under the foregoing sub-section the same is to continue recorded, cease for all purposes to be so recorded.

Special order against recording.

26. —(1) Whenever the holder of a licence for the sale of intoxicating liquor is convicted by a Justice of the District Court of an offence to which this Part of this Act applies such Justice may, if satisfied that by reason of the trivial nature of the offence such conviction ought not to be recorded on such licence, make an order stating the circumstances which reduce the offence to one of a trivial nature and declaring that such conviction shall not be recorded, and whenever such order is so made such conviction shall not be so recorded.

(2) Whenever an order is made by a Justice of the District Court under the foregoing sub-section on a prosecution at the instance of a member of the Gárda Síochána, an appeal shall lie at the instance of such prosecutor to the Judge of the Circuit Court within whose circuit the district or part of the district of such Justice is situate against such order, but not against the conviction in respect of which such order was made, and if such appeal is dismissed such Judge may order the costs of the appeal to be paid by such prosecutor.

Removal of record of conviction by the Circuit Court.

27. —Whenever the holder of any licence for the sale of intoxicating liquor is convicted by a Justice of the District Court of an offence to which this Part of this Act applies an appeal shall lie from such conviction to the Judge of the Circuit Court within whose circuit the district or any part of the district of such Justice is situate and the decision of such Judge shall be final and not appealable and on the hearing of such appeal such Judge may, though affirming such conviction, if satisfied that by reason of extenuating circumstances (to be stated in the order of the Court) such conviction ought not to be recorded on such licence, make an order declaring that such conviction shall not be recorded, and whenever such order is so made such conviction shall not be so recorded and shall for all purposes be deemed never to have been so recorded and accordingly any forfeiture occasioned by the recording of such conviction shall be deemed to be cancelled.

Forfeiture of licences.

28. —(1) Whenever the holder of a licence for the sale of intoxicating liquor by retail is convicted of an offence to which this Part of this Act relates and such conviction is by virtue of this Part of this Act recorded on such licence, and at the time of such recording two convictions (subsequent in date to the passing of this Act) are by virtue of this Part of this Act recorded on such licence, such licence shall thereupon be forfeited.

(2) Where a licence is forfeited under this section no new licence shall at any time thereafter be granted in respect of the premises or any part of the premises to which such licence was attached.

Two or more offences on the same day.

29. —Whenever the holder of a licence for the sale of intoxicating liquor by retail is convicted of two or more offences to which this Part of this Act applies and such offences were committed on the same day, the Court by which such holder is so convicted or the Court by which such conviction is affirmed on appeal (as the case may be) may if it so thinks fit order that such one or more as such Court shall think fit but not all of such convictions shall not be recorded on such licence, and whenever such order is made the conviction or convictions in respect of which the order is made shall not be recorded on such licence notwithstanding the provisions of this Act, and, in the case of an order made on appeal, shall for all purposes be deemed never to have been so recorded.

Relief to bona fide purchasers.

30. —(1) Whenever, on an application for a certificate for the transfer of a licence for the sale of intoxicating liquor by retail, the applicant at the time of such application satisfies the Court that the transfer is desired for the purpose of giving effect to a bona fide sale for money or money's worth of such licence and the premises to which the same is attached, the Court shall, if it grants such certificate, direct in and by such certificate that all (if any) offences then recorded on such licence under this Part of this Act shall at the time of such transfer cease to be so recorded, and whenever such direction is so given every such offence shall at the time of the transfer of such licence pursuant to such certificate cease to be recorded on such licence and such licence shall be so transferred freed and discharged from the records of such offences and shall thereafter have effect for all purposes as if such offences had never been recorded thereon.

(2) Whenever a licence (hereinafter called the first licence) is transferred freed and discharged under the foregoing sub-section from the record of an offence and the person who was the holder of such licence immediately before such transfer (hereinafter called the first transfer) applies (whether in the same or another licensing area) within five years after such transfer for a certificate for the transfer (hereinafter called the second transfer) to him of the same or another licence (hereinafter called the second licence) the Court if it grants such certificate shall in and by such certificate direct that all offences which immediately before the first transfer were recorded under this Part of this Act on the first licence shall on the second transfer be recorded on the second licence, and whenever such direction is so given every such offence shall on the second transfer be recorded on the second licence, and such record shall from and after the second transfer have effect as if the same had been made on the second licence at the time when it was made on the first licence save that for the purpose of calculating the duration under this Act of such record the period between the first transfer and the second transfer shall be omitted.

(3) It shall be the duty of every person who applies for a certificate for a transfer to which the foregoing sub-section would apply to disclose to the Court at the time of such application the facts by reason of which that sub-section so applies, and every such person who fails or neglects to make such disclosure shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, and also, if such person is at the date of such conviction the holder of the licence the subject of such certificate, every offence which would under the foregoing sub-section have been recorded on such licence if such disclosure had been duly made shall be deemed to have been duly so recorded in accordance with that sub-section.

(4) Every entry in a register of licences of a certificate for a transfer in and by which a direction is given under this section shall include the particulars of such direction.

Omission to record conviction on licence.

31. —An omission to record on a licence a conviction which is by this Act required to be recorded thereon shall not prejudice or affect the validity or effect of such conviction or (unless such omission is made by order of a Court under this Act) relieve the convicted person from any consequence which would ensue from such conviction if it had been so recorded.

General provisions in relation to recording of convictions.

32. —(1) Whenever the holder of a licence for the sale of intoxicating liquor by retail is charged with an offence to which this Part of this Act applies the summons or other document bringing such holder before a Court for trial on such charge shall state that such holder will be required to produce such licence to the Court at such trial, and at such trial the Court shall require such holder to produce such licence and deliver the same to the registrar, clerk, or other principal officer of the Court.

(2) Whenever the holder of any such licence as aforesaid is convicted by or before any Court of an offence to which this Part of this Act applies the following provisions shall have effect that is to say:—

(a) the registrar, clerk, or other principal officer of the Court shall forthwith endorse on such licence the date and such other particulars as the circumstances may require of such conviction;

(b) if such principal officer is not the district court clerk by whom is kept the register of licences in which such licence is registered, such principal officer shall send to such district court clerk notice of such conviction together with all material particulars;

(c) if such conviction occasions the forfeiture of such licence, such principal officer shall retain such licence and, if he is not the district court clerk aforesaid, shall send such licence to such district court clerk;

(d) the said district court clerk shall enter in the register of licences in which such licence is registered the date and such other particulars as the circumstances may require of such conviction;

(e) if such conviction occasions the forfeiture of such licence, the said district court clerk shall send to the proper officer of the Revenue Commissioners notice of such forfeiture.

(3) Whenever an order is made by the Circuit Court on an appeal from a conviction of an offence to which this Part of this Act applies, the county registrar shall forthwith transmit to the district court clerk by whom is kept the register of licences in which such licence is registered notice of such order together with the material particulars thereof and upon receipt of such notice such district court clerk shall enter in such register such particulars of such order as circumstances require and, whenever such order occasions or affects in any way a forfeiture of such licence, shall send notice of such order to the proper officer of the Revenue Commissioners.

Admission of registers and endorsements as evidence.

33. —(1) Every register of licences shall be received in any Court as evidence of all matters entered therein in pursuance of this Act and in particular of all convictions, recordings of convictions, and forfeitures of licences so entered therein.

(2) Every endorsement upon a licence of a matter required by this Act to be so endorsed shall, if such endorsement purports to be made and signed by the officer required by this Act to make the same, be evidence of the matters stated in such endorsement without proof of the signature or authority of such officer.

(3) Every copy of an entry made in a register of licences in pursuance of this Act shall, if such copy purports to be signed and certified to be a true copy by the district court clerk by whom such register is kept, be received in any Court (without proof of the signature or authority of the person by whom the same is signed and certified) as a true copy of such entry and as evidence of any matter of which such entry would be evidence.

Penalty for defacing record of conviction on licence.

34. —If any person defaces or obliterates or attempts to deface or obliterate any record of a conviction on his licence he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding ten pounds.

Application of the Probation of Offenders Act, 1907.

35. —The provisions of sub-section (1) of section 1 of the Probation of Offenders Act, 1907, shall not apply where any person is charged before a Justice of the District Court with an offence to which this Part of this Act applies and the Court thinks that the charge is proven.