PART III.

Grant of New Licences in Certain Cases.

19. —In this Part of this Act—

the expression “the Act of 1833” means the Licensing (Ireland) Act, 1833;

the expression “the Act of 1902” means the Licensing (Ireland) Act, 1902;

the expression “the Act of 1927” means the Intoxicating Liquor Act, 1927 (No. 15 of 1927);

the word “licence” means a licence which is either a publican's licence or a beerhouse licence;

the expressions “publican's licence” and “beerhouse licence” have the meanings given to them respectively by section 52 of the Finance (1909-10) Act, 1910, for the purposes of Part II of that Act.

20. —(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 specified premises and, at the proceedings in the Circuit Court in relation to such application, the applicant shows to the satisfaction of the Court—

(a) that the said premises are structurally adapted for use and are bona fide and mainly used as a restaurant, refreshment house, or other place for supplying substantial meals to the public, and

(b) that, in respect of the licensing year including the 1st day of January, 1933, a renewal of a licence attached to the said premises or to premises substantially the same as the said premises was in fact issued, and

(c) that, subsequent to the said date, the said licence was not renewed,

the Court shall, notwithstanding anything contained in the Act of 1902, cause such certificate as is mentioned in section 5 of the Act of 1833 to be given to the applicant declaring him to be duly entitled to receive a licence in respect of the said premises, unless the Court, in consequence of an objection made under section 4 of the Act of 1833, 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 or inconvenience of the said premises.

(2) Where, in a case to which the foregoing sub-section applies, the certificate referred to in that sub-section is given to the applicant, nothing contained in the Act of 1902 shall operate to prevent the grant to the applicant of the licence which the said certificate declares him to be entitled to receive.

(3) This section shall continue in force until the 31st day of December, 1944, and no longer, unless the Oireachtas otherwise determines.

21. —(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 Circuit Court in relation to such application, the applicant shows to the satisfaction of the Court—

(a) that the applicant is the holder of a licence attached to premises (in this section referred to as the existing premises) situate in the immediate vicinity of the new premises, and

(b) that the new premises and the existing premises are both situate in the same District Court area prescribed by law for the purposes of the transaction of licensing business, and

(c) that neither the new premises nor the existing premises is situate in a county or other borough, an urban district, or a town, and

(d) that the annual value under the Valuation Acts of the new premises is not less than the annual value under those Acts of the existing premises, and

(e) that the new premises is more suitable than the existing 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 Act of 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 its absolute discretion, prohibits the issuing of such licence either on the ground of the unfitness or inconvenience of the new premises or on the ground that the existence of a licence in respect of the new premises would be unreasonably detrimental to the business then carried on in some licensed premises in the neighbourhood of the new premises.

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

(a) the licence (in this sub-section 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 sub-section referred to as the old licence) attached to the existing premises;

(b) nothing contained in the Act cf 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 shall be extinguished;

(d) every (if any) conviction which is recorded on the old licence under section 25 of the Act of 1927 at the time of the grant of the new licence shall be deemed to be recorded on the new licence under the said section and to have been so recorded on the date on which it was recorded on the old licence;

(e) if paragraph (1) of section 2 of the Act of 1902 applies in respect of the existing premises, those premises shall, upon the old licence being extinguished in pursuance of this sub-section, cease to be premises to which the said paragraph applies, and the Act of 1902 shall thenceforward have effect accordingly in relation to the existing premises.

22. —(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 substituted premises) to which no licence is attached and, at the proceedings in the Circuit 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) in the immediate vicinity of the substituted premises were burnt down, or otherwise destroyed, or rendered uninhabitable by fire or other unavoidable cause or accident not more than twelve months before the date on which the said notice by the applicant was served on the county registrar, and

(b) that a licence was attached to the original premises when they were so burnt down or otherwise destroyed or rendered uninhabitable, and

(c) that at the time of the said hearing before the Circuit Court the applicant is in lawful occupation of the original premises or of the site and remains thereof, and

(d) that no certificate under section 5 of the Act of 1833 has already been given by virtue of this section by reference to the original premises having been so burnt down or otherwise destroyed or rendered uninhabitable, and

(e) that no trade or business had been carried on in the original premises since they were so burnt down or otherwise destroyed or rendered uninhabitable,

the Court shall, notwithstanding anything contained in the Act of 1902, cause such certificate as is mentioned in section 5 of the Act of 1833 to be given to the applicant declaring him to be duly entitled to receive a licence in respect of the substituted premises, unless the Court, in consequence of an objection made under section 4 of the Act of 1833, 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 or inconvenience of the substituted premises.

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

(a) the licence (in this sub-section 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 sub-section referred to as the old licence) which was attached to the original premises when they were burnt down or otherwise destroyed or rendered uninhabitable;

(b) nothing contained 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) every (if any) conviction which was recorded on the old licence under section 25 of the Act of 1927 and either (as the case may be) would, but for the expiry of that licence, have continued to be so recorded thereon at the time of the grant of the new licence or continues to be so recorded on the old licence immediately before it is extinguished shall be deemed to be recorded on the new licence under the said section and to have been so recorded on the date on which it was recorded on the old licence;

(e) if paragraph (1) of section 2 of the Act of 1902 applies in respect of the original premises, those premises shall, upon the grant of the new licence, cease to be premises to which the said paragraph applies, and the Act of 1902 shall (subject to the provisions of the next following sub-section of this section) thenceforward have effect accordingly in relation to the original premises.

(3) Where, in a case to which the foregoing sub-sections of this section apply, the original premises are reconstructed or new premises are erected on the site of the original premises (or on a site substantially the same as that site) and, at any time thereafter while a licence is attached to the substituted premises, the holder of that licence duly gives notice of his intention to apply for a licence in respect of the premises so reconstructed or newly erected, the Court shall cause such certificate as is mentioned in section 5 of the Act of 1833 to be given to the said holder declaring him to be duly entitled to receive a licence in respect of the said reconstructed or newly erected premises, unless the Court, in consequence of an objection made under section 4 of the Act of 1833, prohibits under that section the issuing of such licence to the said holder on one or more of the following grounds, that is to say, the character, misconduct, or unfitness of the said holder or the unfitness or inconvenience of the said reconstructed or newly erected premises, and, if the Court causes such certificate to be given to the said holder, the provisions contained in sub-section (2) of this section shall apply and have effect with the necessary modifications and, in particular, with the modifications that the expression “the new licence”shall mean the licence to which such certificate relates and the expression “the old licence”shall mean the said licence then attached to the substituted premises.

(4) Section 11 of the Excise Licences Act, 1825, shall not apply or have effect in relation to a licence.

23. —Section 3 of the Act of 1902 is hereby amended by the insertion after the words “for consumption on” of the words “or off”.