PART IV.

Licences in Respect of Aerodromes and Passenger Aircraft.

24. —In this Part of this Act—

the expression “the Minister” means the Minister for Industry and Commerce;

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

the expression “the Act of 1936” means the Air Navigation and Transport Act, 1936 (No. 40 of 1936);

the word “aircraft” has the same meaning as it has in the Act of 1936; the expression “approved aerodrome” means an aerodrome (within the meaning of the Act of 1936) which complies with both the following conditions, that is to say:—

(a) it either is licensed by the Minister in pursuance of an order made under Part II of the Act of 1936 or is controlled and operated by the Minister or by the Minister for Defence, and

(b) it is used for the arrival and departure of aircraft operated as part of an authorised air transport service;

the expression “authorised air transport service” means an air service for the transport of passengers, mails, and goods or any of them by air which is either—

(a) an internal air service within the meaning of Part IX of the Act of 1936 the carrying on of which is authorised by or under the said Part IX, or

(b) an international airway or regular international air navigation line established, or created and operated, with the prior authorisation of the Minister under the Air Navigation (International Lines) Order, 1935 (S.R. & O., No. 560 of 1935), or any order for the time being in force amending or replacing that order;

the expression “air transport concern” means a person entitled to operate an authorised air transport service;

the expression “on-licence” means a licence for the sale of intoxicating liquor for consumption either on or off the premises;

the expression “aerodrome premises” means all the buildings for the time being erected in an approved aerodrome irrespective of the purpose for which such premises are used;

the expression “licensed aerodrome premises” means premises in an approved aerodrome in respect of which a licence for the sale of intoxicating liquor granted or renewed by virtue of this Part of this Act is for the time being subsisting, whether such premises are the whole or a part only of the aerodrome premises, in such aerodrome.

25. —(1) Whenever the Minister is satisfied that it is expedient that an on-licence should be granted in respect of the whole or a particular part of any particular aerodrome premises, the Minister may issue to a person who appears to him to be a fit and proper person to hold such on-licence a certificate certifying that the aerodrome in which the said aerodrome premises are situate is an approved aerodrome and that the Minister approves of the grant by the Revenue Commissioners to the said person (who shall be named in such certificate) of an on-licence in respect of specified premises which are either the whole or a part of the said aerodrome premises.

(2) On presentation to the Revenue Commissioners of a certificate issued by the Minister under the foregoing sub-section of this section, it shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing (Ireland) Acts, 1833 to 1929, to grant to the person named in that behalf in the said certificate an on-licence in respect of the premises specified in that behalf in the said certificate.

(3) Whenever an on-licence granted or renewed under this section is subsisting, the Minister may, if he so thinks proper, issue to the holder of such on-licence a certificate certifying that the aerodrome in which the premises thereby licensed are situate continues to be an approved aerodrome and that the Minister approves of the renewal of such on-licence to the said holder thereof in respect of the said premises.

(4) On presentation to the Revenue Commissioners of a certificate issued by the Minister under the next preceding sub-section of this section, it shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing (Ireland) Acts, 1833 to 1929, to grant a renewal of the said on-licence to the holder thereof.

26. —(1) Whenever it appears to the Minister to be expedient that an on-licence granted or renewed under the next preceding section and for the time being subsisting should, because of the death of the holder thereof or for any other reason, be transferred to a particular person who appears to the Minister to be a fit and proper person to hold such on-licence, the Minister may issue to the said person a certificate certifying that the Minister approves of the transfer of such licence to him.

(2) On presentation to the Revenue Commissioners of a certificate issued by the Minister under the foregoing sub-section of this section, it shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing (Ireland) Acts, 1833 to 1929, to transfer the on-licences to which such certificate relates to the person specified in that behalf in such certificate.

(3) Whenever it appears to the Minister to be expedient for any reason that the premises to which an on-licence granted or renewed under the next preceding section and for the time being subsisting relates should be varied in any particular respect other than applying such on-licence to premises which are not part of any aerodrome premises, the Minister may issue to the holder of such on-licence a certificate certifying whichever one or more of the following things is appropriate in the circumstances, that is to say:—

(a) that the Minister approves of the extension of the said on-licence to a specified part of the aerodrome premises to another part of which it already applies;

(b) that the Minister approves of the exclusion from the premises to which the said on-licence applies of a specified part of those premises;

(c) that the Minister approves of the transfer of the said on-licence from the premises to which it applies to another part of the same aerodrome premises.

(4) On presentation to the Revenue Commissioners of a certificate issued by the Minister under the next preceding sub-section of this section, it shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing (Ireland) Acts, 1833 to 1929, to amend the on-licence to which such certificate relates in accordance with the approval of the Minister as stated in such certificate.

27. —Notwithstanding anything contained in the Act of 1927, it shall be lawful to sell intoxicating liquor in licensed aerodrome premises at any time to any of the following persons and to permit intoxicating liquor so sold to be consumed in the said premises by any of the following persons, that is to say:—

(a) persons who have arrived at the aerodrome in which the said licensed premises are situate as passengers in an aircraft engaged in an authorised air transport service and have, immediately before such arrival, travelled in such aircraft for a distance of not less than fifty miles measured by the ordinary flying route of such aircraft to the said aerodrome, and

(b) persons who intend to travel from the said aerodrome as passengers in an aircraft engaged in an authorised air transport service and hold tickets entitling them to travel from the said aerodrome in such aircraft for a distance of not less than fifty miles measured by the ordinary flying route of such aircraft from the said aerodrome.

28. —(1) Section 3 of the Act of 1927 shall be construed and have effect as if, in sub-section (3) thereof, licensed aerodrome premises were enumerated amongst the premises specified in that sub-section as premises to which the said section 3 does not apply.

(2) The holder of an on-licence granted or renewed under this Act may apply under section 5 of the Act of 1927 to a justice of the District Court for a special exemption order (within the meaning of that section) and the provisions of the said section shall apply and have effect in relation to such application as if such holder were the holder of such on-licence as is mentioned in sub-section (1) of the said section.

(3) Section 13 of the Act of 1927 shall apply and have effect in relation to licensed aerodrome premises in like manner as it applies and has effect in relation to premises which are for the time being a hotel or restaurant.

(4) In Part IV of the Act of 1927, the word “licence” shall not include a licence attached to licensed aerodrome premises, and the said Part IV (and in particular sub-section (3) of section 36 thereof) shall be construed and have effect accordingly.

29. —(1) It shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing (Ireland) Acts, 1833 to 1929, to grant to any air transport concern a licence for the sale of intoxicating liquor to passengers on an aircraft owned or hired by that concern for consumption while such aircraft is in flight.

(2) A licence granted under this section shall be known as a passenger aircraft licence, and shall operate only in respect of such aircraft owned or hired by the air transport concern to whom it is granted as is specified in the licence.

(3) Notwithstanding anything contained in the Act of 1927, a passenger aircraft licence shall operate to authorise the sale, in the aircraft to which such licence relates and at any time while such aircraft is in flight, of intoxicating liquor to passengers in such aircraft for consumption therein.