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31 1964

PAWNBROKERS ACT, 1964

PART II

Licensing of Pawnbrokers

Prohibition on carrying on business of a pawnbroker without licence.

7. —(1) A person shall not carry on the business of a pawnbroker at any premises unless he holds a licence which is in force in respect of those premises.

(2) A person who is the holder of a pawnbroker's licence granted under the Stamp Duties (Ireland) Act, 1842, shall, for so long as he holds such licence, be deemed to be duly licensed for the purpose of subsection (1) of this section until the 31st day of July next following the commencement of this Act.

(3) Any person who contravenes this section shall be guilty of an offence.

Grant of licence.

8. —(1) The Revenue Commissioners shall, subject to the provisions of this Act—

(a) upon application being made to them for a licence to carry on the business of a pawnbroker at a particular premises, and

(b) upon the production by the applicant of a certificate granted under section 10 in respect of those premises, and

(c) upon payment to them by the applicant of the excise duty for the time being required by law to be paid by a person taking out such licence, grant to the applicant a licence to carry on the business of a pawnbroker at those premises.

(2) A licence shall come into force on the date specified therein and shall expire on the next following 31st day of July.

Transfer of licence.

9. —A pawnbroker may transfer his licence to another person who has been granted a certificate under section 10 which is in force, but the transfer shall not take effect until the certificate has been produced to and endorsed by the Revenue Commissioners.

Grant of certificate.

10. —(1) The District Court may, upon application being made to it, grant to a person a certificate authorising the grant to him, subject to the provisions of this Act, of a licence.

(2) A separate certificate shall be required in respect of each licence sought.

(3) A certificate shall come into force on the date specified therein and shall expire on the next following 31st day of July.

(4) A certificate shall not be refused except on one or more of the following grounds:

(a) that satisfactory evidence has not been produced of the good character of the applicant;

(b) that satisfactory evidence has been produced that the applicant, or any person responsible or proposed to be responsible for the management of his business as a pawnbroker, is not a fit and proper person to hold a certificate;

(c) that the applicant, or any person responsible or proposed to be responsible for the management of his business as a pawnbroker, is by order of a court disqualified for obtaining a licence;

(d) that the applicant has failed to satisfy the Court that he is a person of financial stability;

(e) that the applicant is the holder of a bookmaker's licence granted under the Betting Act, 1931 ;

(f) that the applicant is the holder of a licence for the sale of intoxicating liquor;

(g) that the applicant is an auctioneer; or

(h) that the applicant's premises are not suitable for the carrying on of a pawnbroker's business.

(5) Any person aggrieved by the refusal of the Court to grant a certificate may appeal to the Circuit Court and the decision of that Court on the matter shall be final and not appealable.

(6) Whenever an application for a certificate is refused and an appeal from the refusal is lodged, then if the applicant was at the time of making the application the holder of a licence, the Revenue Commissioners may, without payment of any duty but subject to such conditions as they may think fit to impose, issue to the applicant a temporary licence for such period not extending beyond the expiration of seven days after the decision of the appeal as they may think fit, and every such temporary licence shall while it remains in force be a licence within the meaning of this Act.

Suspension and cancellation of licence.

11. —(1) Where a pawnbroker is convicted of larceny, receiving stolen goods knowing them to have been stolen or any other offence involving fraud or dishonesty, the court before which he was convicted may, in addition to any other penalty imposed, order his licence to be suspended for such period as it thinks fit or to be cancelled.

(2) Where a pawnbroker is convicted of an offence mentioned in subsection (1) of this section and the court orders his licence to be suspended or cancelled and the pawnbroker appeals against the conviction or, if he has been convicted of more than one of those offences, against all of the convictions, the court before which he was convicted may, if it thinks fit, suspend the operation of its order suspending or cancelling the licence pending the hearing of the appeal.

(3) The District Court may, on the application of a member of the Garda Síochána not below the rank of inspector, suspend a licence for such period as it thinks fit, if satisfied that the pawnbroker is also carrying on business as an auctioneer or is the holder of a licence to sell intoxicating liquor or of a bookmaker's licence granted under the Betting Act, 1931 , or has acted in contravention of any of the provisions of this Act.

(4) A pawnbroker whose licence has been suspended under subsection (3) of this section may appeal to the Circuit Court and the decision of that Court on the matter shall be final and not appealable.

(5) Whenever a licence has been suspended under subsection (3) of this section and an appeal against the suspension is lodged, the District Court may, if it thinks fit, suspend the operation of its order pending the hearing of the appeal.

(6) The suspension or cancellation of, or the failure to renew, a licence shall not prejudice or affect any right to redeem a pledge made before the date of the suspension or cancellation or the expiry of the licence, or any obligation or liability (whether arising by virtue of a contract or of any provision of this Act) subsisting at that date, and the pawnbroker holding the licence immediately before that date shall in respect of any pledge then held by him remain subject to the like obligations, liabilities and penalties as if the licence continued in force.

Forgery of certificate.

12. —(1) (a) A person who forges a certificate or tenders a certificate knowing it to be forged shall, without prejudice to any other enactment, be guilty of an offence.

(b) Paragraph (a) of this subsection shall not be construed so as to enable a person to be punished twice for any offence.

(2) A licence granted in pursuance of a forged certificate shall be void.

(3) Any person who makes use of a forged certificate knowing it to be forged shall be disqualified for obtaining a licence at any time thereafter.

Name and notice to be displayed.

13. —(1) A pawnbroker shall—

(a) keep displayed in large and legible characters over the outer door of the premises in which he carries on the business of a pawnbroker his name and the word “Pawnbroker”, and

(b) keep displayed in a conspicuous place in such premises printed in large and legible characters a notice containing the information set out in the Second Schedule.

(2) A pawnbroker who fails to comply with a requirement of subsection (1) of this section shall be guilty of an offence.