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15 1927

INTOXICATING LIQUOR ACT, 1927

PART VI

Miscellaneous and General.

Continuance of licence pending appeal to Circuit Court.

60. —(1) Whenever the Justice of the District Court shall refuse an application for a certificate for a transfer or a renewal of any licence for the sale of intoxicating liquor by retail and the applicant for such certificate shall lawfully appeal against such refusal to the Circuit Court and shall prosecute such appeal with due diligence, such licence shall subject to the provisions of this section continue in full force and effect until the first opportunity on which such an appeal could be heard by the Circuit Court and, if that Court shall so direct, for such further time (if any) as shall elapse before the final determination of such appeal.

(2) A licence shall not continue in force under the foregoing sub-section after the expiration of the term for which the same was granted unless, on or before such expiration, the appellant deposits with the proper officer of customs and excise the amount of the excise duty chargeable on a renewal of such licence.

(3) Moneys deposited with an officer of customs and excise under the foregoing sub-section shall, if the refusal which is the subject of the appeal is confirmed by the Circuit Court, be repaid on such confirmation to the appellant by whom the same were deposited less such part thereof as bears to the whole of the moneys so deposited the same proportion as the time during which such licence has been continued in force by virtue of sub-section (1) of this section bears to one year, and, if such refusal is reversed by the Circuit Court, shall be applied in or towards the discharge of the excise duties payable in respect of the said licence.

Wine retailer's off-licence.

61. —(1) Notwithstanding anything to the contrary contained in any other Act, the Revenue Commissioners shall not grant, whether by way of new licence or of transfer or renewal of an existing licence, a wine retailer's off-licence to any person other than a person who is carrying on the business of chemist and druggist, pharmaceutical chemist, or registered druggist, or a person who is for the time being the holder of a spirit retailer's off-licence or a beer retailer's off-licence then in force.

(2) In this section the expressions “wine retailer's off-licence,” “spirit retailer's off-licence” and “beer retailer's off-licence” have the same meanings as such expressions respectively have in the Finance (1909-10) Act, 1910.

Grant of new off-licence in lieu of an on-licence.

62. —(1) The holder of an on-licence (in this section referred to as the on-licence) in respect of premises situate in a county borough may apply at the annual licensing District Court next after the passing of this Act that in lieu of a certificate for the renewal of the on-licence there be granted to him in respect of the said premises a certificate for a new spirit retailer's off-licence or a certificate for a new beer retailer's off-licence or certificates for both such new licences.

(2) When an application under the foregoing sub-section is made the Justice of the District Court, if he is satisfied that a certificate for the renewal of the on-licence might have been granted and that the sale of intoxicating liquor for consumption on the premises is not the principal business carried on in the premises to which the on-licence is attached, may, if he so thinks fit, grant to such applicant the certificate or certificates so applied for by him.

(3) When an application under sub-section (1) of this section is granted, a new licence or new licences shall notwithstanding anything to the contrary contained in any other Act be granted to the applicant in accordance with the certificate or certificates granted to him in pursuance of such application.

(4) When a new licence or licences is or are granted under the foregoing sub-section no new on-licence shall at any time thereafter be granted in respect of the premises to which such new licence or licences is or are attached.

(5) When an application under sub-section (1) of this section is refused such application shall be treated as an application for a certificate for the renewal of the on-licence and dealt with accordingly.

(6) In this section the expressions “spirit retailer's off-licence” and “beer retailer's off-licence” have the same meanings as such expressions respectively have in the Finance (1909-10) Act, 1910.

Repeals.

63. —The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title, construction and citation.

64. —(1) This Act may be cited as the Intoxicating Liquor Act, 1927.

(2) Parts I ., II. , III. , IV. , and VI . of this Act shall be construed as one with the Licensing (Ireland) Acts, 1833 to 1924 and may be cited with those Acts as the Licensing (Ireland) Acts, 1833 to 1927.

(3) Part V . of this Act shall be construed as one with the Registration of Clubs Acts, 1904 and 1924, and may be cited with those Acts as the Registration of Clubs Acts, 1904 to 1927.