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15 1952

TOURIST TRAFFIC ACT, 1952

Chapter III.

Holiday Camps.

Definitions.

43. —In this Chapter—

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

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

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

holiday camp” means premises for the time being registered in the register of holiday camps kept by the Board;

holiday camp premises” means all the buildings for the time being situate in a holiday camp irrespective of the purpose for which they are used;

the licensee” means the holder of an on-licence by virtue of this Chapter and cognate words shall be construed accordingly;

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

period of summer time” means a period appointed by or under the Summer Time Act, 1925 (No. 8 of 1925), to be a period of summer time;

rateable valuation” includes a provisional valuation issued by the Commissioner of Valuation;

week-day” means a day which is not a Sunday and is not Good Friday, Christmas Day or Saint Patrick's Day.

Grant of new licence for holiday camp.

44. —(1) Where a person (in this section referred to as the applicant) duly gives notice of his intention to apply for an on-licence in respect of specified premises and, at the proceedings in the Circuit Court in relation to the application, the applicant shows to the satisfaction of the Court—

(a) that the premises are holiday camp premises or a part or parts thereof,

(b) that the holiday camp in which they are situate complies with the following conditions—

(i) it has proper residential accommodation for at least two hundred and fifty guests at any one time,

(ii) its rateable valuation is not less than two hundred pounds, and

(iii) the buildings thereon are wholly or mainly of a permanent character,

the Court may, notwithstanding anything contained in the Act of 1902, but subject to subsection (2) of this section, 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 an on-licence in respect of the premises.

(2) A certificate shall not be given in respect of the premises if the Court, in consequence of an objection made under section 4 of the Act of 1833, prohibits under that section the issuing of an on-licence on one or more of the following grounds:—

(a) the character, misconduct or unfitness of the applicant;

(b) the unfitness or inconvenience of the premises or of the holiday camp in which the premises are situate;

(c) that the holiday camp is not conducted in an orderly manner.

(3) Where the certificate is given to the applicant nothing in the Act of 1902 shall operate to prevent the grant to him of the licence which the certificate declares him to be entitled to receive.

Variation of licensed premises.

45. —(1) Where the licensee—

(a) applies to the Circuit Court for a certificate under this section, and

(b) gives such notice of the application as is required in the case of an application for an on-licence,

the Court, on being satisfied that it is expedient for any reason that the premises to which the licence relates should be varied in any particular respect other than applying the licence to premises that are not part of the holiday camp premises, may issue to the licensee a certificate certifying whichever one or more of the following things may be appropriate in the circumstances—

(a) that the Court approves of the extension of the licence to a specified part or parts of the holiday camp premises;

(b) that the Court approves of the exclusion from the licensed premises of a specified part or parts of those premises;

(c) that the Court approves of the transfer of the licence from the licensed premises to another part or parts of the holiday camp premises.

(2) Notwithstanding anything contained in the Licensing Acts, 1833 to 1946, the Revenue Commissioners shall, on being presented with the certificate, amend the licence in accordance with the terms of the certificate.

Prohibited hours.

46. —(1) It shall not be lawful for the licensee to sell or expose for sale any intoxicating liquor or to open or keep open the licensed premises for the sale of intoxicating liquor or to permit any intoxicating liquor to be consumed on the licensed premises—

(a) on any week-day—

(i) during a period of summer-time, before the hour of half-past ten o'clock in the morning or after the hour of half-past ten o'clock in the evening, or

(ii) during a period which is not a period of summer time, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or

(b) subject to the exceptions stated in sections 47 and 48, at any time on a Sunday, Christmas Day, Saint Patrick's Day or Good Friday.

(2) Every person who shall sell or expose for sale any intoxicating liquor or open or keep open any premises for the sale of intoxicating liquor or permit any intoxicating liquor to be consumed on licensed premises in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty pounds or, in the case of a second or any subsequent offence, to a fine not exceeding forty pounds.

Provisions applying to Sundays, Christmas Day and Saint Patrick's Day.

47. —Nothing in section 46 shall operate to prohibit the licensee from supplying intoxicating liquor on a Sunday, Christmas Day or Saint Patrick's Day to be consumed on the licensed premises—

(a) by a person who for the time being is bona fide lodging in the holiday camp—between the hours of half-past seven o'clock in the evening and, during a period of summer time, half-past ten o'clock in the evening, or, during any other period, ten o'clock in the evening, or

(b) by any person—between the hours of one o'clock and three o'clock in the afternoon or between the hours of six o'clock and nine o'clock in the evening, if, in this case, the intoxicating liquor is—

(i) ordered by that person at the same time as a substantial meal is ordered by him, and

(ii) consumed at the same time as and with the meal, and

(iii) supplied and consumed in the portion of the licensed premises usually set apart for the supply of meals.

Provisions applying to Good Friday.

48. —Nothing in section 46 shall operate to prohibit the licensee from supplying intoxicating liquor on Good Friday between the hours of six o'clock and nine o'clock in the evening to a person who for the time being is bona fide lodging in the holiday camp, if the intoxicating liquor is—

(a) ordered by that person at the same time as a substantial meal is ordered by him, and

(b) consumed at the same time as and with the meal, and

(c) supplied and consumed in the portion of the licensed premises usually set apart for the supply of meals.

Powers of licensee to impose further restrictions.

49. —(1) The licensee may from time to time in his absolute discretion limit further than this Chapter provides the hours during which intoxicating liquor shall be sold, served or consumed on the licensed premises.

(2) The licensee may at any time in his absolute discretion refuse to sell or serve intoxicating liquor to any person.

(3) Subsections (1) and (2) shall not affect any right or obligation under the Sale of Food and Drugs Acts, 1875 to 1936.

Certificate for renewal of licence.

50. —The certificate required under section 11 of the Spirits (Ireland) Act, 1854, for the renewal of a licence shall, in the case of premises licensed by virtue of this Chapter, be one certifying, in addition to the matters referred to in that section, that the holiday camp in which the premises are situate was conducted in an orderly manner during the preceding year.

Occasional licences.

51. —An occasional licence may be granted under section 13 of the Revenue Act, 1862, in respect of premises licensed by virtue of this Chapter as if such premises were amongst those enumerated in that section.

Special exemption orders.

52. —A special exemption order under section 5 of the Act of 1927, as amended by section 6 of the Intoxicating Liquor Act, 1943 (No. 7 of 1943), may be granted in respect of premises licensed by virtue of this Chapter as if such premises were amongst those enumerated in the said section 6.

Provisions of Act of 1927 not applicable to holiday camps.

53. —The following provisions of the Act of 1927 shall not apply to premises licensed by virtue of this Chapter, namely, section 2 (which relates to prohibited hours), section 3 (which relates to mixed trading), sections 13, 14, and 15 (which relate to certain exemptions from prohibited hours), and Part IV (which relates to the reduction of licences).

Apportionment of rateable valuation.

54. —(1) The Commissioner of Valuation may, at the request of the owner or occupier, apportion to the licensed premises such part as he thinks proper of the rateable valuation of the hereditament or tenement of which such premises form part and the part so apportioned shall, for the purpose of the law relating to the charge of duty upon the licence, be taken to be the valuation of the licensed premises.

(2) There shall be paid to the Commissioner of Valuation for the making of the division under subsection (1) such fee as may be prescribed by the Minister for Finance and every such fee shall be paid into or disposed of by the Commissioner for the benefit of the Exchequer in such manner as the said Minister shall direct.