No. 30/1953:

INTOXICATING LIQUOR ACT, 1953

ARRANGEMENT OF SECTIONS

1 Interpretation.

2 Grant of licence.

3 Renewal of licence.

4 Amendment of licence.

5 Modification of Act of 1927.

6 Local authority certificate approving site for licensed premises.

7 Licensing of new premises.

8 Declaration as to fitness and convenience of proposed premises.

9 Licensing of premises built in accordance with plans approved by Court.

10 Short title and collective citation.

AN ACT TO PROVIDE FOR THE LICENSING, FOR THE SALE OF INTOXICATING LIQUOR, OF THE OMNIBUS STATION OF CÓRAS IOMPAIR ÉIREANN IN ÁRAS MHIC DHIARMADA AT STORE STREET, DUBLIN, AND OF NEW PREMISES ERECTED IN CONSEQUENCE OF THE DEMOLITION BY LOCAL AUTHORITIES OF EXISTING LICENSED PREMISES AND FOR OTHER MATTERS CONNECTED THEREWITH.

[2nd December, 1953.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

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

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

"the Board" means Córas Iompair Éireann;

"the Court" means, in relation to proceedings in respect of an on-licence, the Circuit Court, and, in relation to proceedings in respect of an off-licence, the District Court;

"the Licensing Acts" means the Licensing Acts, 1833 to 1952;

"licensed premises" means premises licensed for the sale by retail of intoxicating liquor;

"the Minister" means the Minister for Industry and Commerce;

"the omnibus station" means the Board's omnibus station in Áras Mhic Dhiarmada at Store Street, in the city of Dublin.

(2) Whenever such a certificate is presented to the Revenue Commissioners, they shall amend the licence accordingly.

Omnibus Station.

2.—(1) The Minister, if he thinks it proper that an on-licence should be granted to the Board in respect of any particular, part of the omnibus station, may issue to the Board a certificate approving of the grant of the licence.

(2) The Revenue Commissioners shall grant the licence on presentation, of the certificate to them.

3.—(1) The Minister, if he so thinks proper, may from time to time issue to the Board a certificate approving of the renewal of the licence.

(2) The Revenue Commissioners shall renew the licence on presentation of the certificate to them.

4.—(1) The Minister, if he thinks it proper that the licence should be extended or transferred to another part of the omnibus station or should cease to apply to any part of the station, may issue to the Board a certificate, approving of the alteration.

(2) Whenever such a certificate is presented to the Revenue Commissioners, they shall amend the licence accordingly.

5.—(1) Section 3 of the Act of 1927 (which relates to mixed trading) shall not apply to premises licensed under section 2.

(2) Section 5 (which relates to special exemption orders) and section 13 (which relates to the supply of intoxicating liquor with a meal) of the Act of 1927 shall apply in relation to premises licensed under section 2.

(3) Part IV of the Act of 1927 (which relates to the reduction of licences) shall not apply to a licence under section 2.

Premises demolished by Local Authority

6.—(1) A local authority may, if they think fit, issue to any person a certificate declaring that—

( a ) after the passing of this Act particular licensed premises have been or are to be demolished by or by direction of the authority in exercise of any of their functions, and

( b ) a particular site acquired by them is approved by them as a site for licensed premises in substitution for the former premises.

(2) The local authority shall not issue a certificate to any person other than the person (or nominee of the person) who holds the lowest estate or tenancy in the premises or, where the premises have been acquired by the, local authority, held it immediately before such acquisition unless that person has been offered and has not accepted a certificate.

(3) Where the lowest estate or tenancy is subject to a condition (whether in respect of intoxicating liquor generally or any class of intoxicating liquor) that the holder of such estate or tenancy shall sell only such liquor purchased from or through the immediate lessor, then, for the purpose of subsection (2), the immediate lessor shall be deemed to be the person who holds (or held) the lowest estate or tenancy.

7.—(1) Where the holder of a certificate under section 6, having duly given notice of his intention, applies to the Court for a certificate entitling him to receive a licence in respect of premises on the approved site the Court shall, notwithstanding anything contained in the Act of 1902, cause such certificate to be given to, him unless the Court, in its absolute discretion, prohibits the issuing of the licence—

( a ) on the ground of the character, misconduct or unfitness of the applicant or the unfitness or inconvenience of the premises, or

( b ) subject to subsection (2), on the ground that the existence of a licence for the premises would be unreasonably detrimental to the business then carried on in some licensed promises in the neighbourhood.

(2) The ground of objection mentioned in paragraph (b) of subsection (1) shall not be considered if—

( a ) the premises are erected on the site of the previously licensed premises, or

( b ) the local authority certify that that site is not available as a site for licensed premises and it appears to the Court that the location of the premises where they are rather than on the former site is unlikely of itself to have a materially adverse effect on the business carried on in the neighbouring premises.

(3) ( a ) The licence granted in pursuance of this section shall be of the same character and be subject to the same conditions as the licence attached to the former 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 former licence (if it has not already lapsed) shall be extinguished.

( d ) Any conviction recorded on the former licence under section 25 of the Act of 1927 at the time of the grant of the new licence shall, if the licensee was the holder of the former licence, be deemed to be recorded on the new licence under that section and to have been so recorded on the date when it was recorded on the former licence.

( e ) If the former premises were premises to which paragraph (1) of section 2 of the Act of 1902 applied, that paragraph shall, upon the grant of the new licence, cease to apply to them and shall be deemed to apply to the new premises.

( f ) If the former premises were premises to which section 6 of the Act of 1902 applied, the new premises shall be deemed to be premises to which the section applies.

8.—(1) Where the holder of a certificate under section 6 proposes to construct premises upon the approved site and to apply to have the premises licensed for the sale of intoxicating liquor, he may apply to the Court for a declaration that the proposed premises would he fit and convenient to be so licensed, and that either—

( a ) the premises when constructed will be premises to which subsection (2) of section 7 applies, or

( b ) the existence of a licence for the premises would not be unreasonably detrimental to the business being carried on at the date of the application under this section in any licensed premises in the neighbourhood,

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

(2) Where the local authority propose to construct promises upon a site approved by them as a site for licensed premises in substitution, for licensed premises which, after the passing of this Act, have been or are to be demolished by then or by their direction in exercise of any of their functions and to lease the premises for use as licensed premises, the local authority may apply to the Court for a declaration under subsection (1).

(3) The intending applicant 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 to the Superintendent of the Gárda 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 proposed premises.

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

(5) Any person who would be entitled to object to an application for a certificate entitling the applicant to a licence in respect of the premises shall be entitled to object in like manner to the application under this section.

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

9.—If, on the hearing of an application under section 7, it is shown to the satisfaction of the Court that the premises have been constructed in substantial accordance with the terms of a declaration under section 8, the Court shall not receive any objection to the application grounded upon the unfitness or inconvenience of the premises or upon the detriment to any business then being carried on in the neighbourhood.

10.—(1) This Act may be cited in the Intoxicating Liquor Act, 1953 .

(2) The Licensing Acts and this Act may be cited together as the Licensing Acts, 1833 to 1953.