LICENSING (RENEWAL OF LICENCES) ACT, 1923

AN ACT TO VALIDATE CERTAIN LICENCES FOR THE SALE OF INTOXICATING LIQUORS WHICH HAVE LAPSED BY NON-RENEWAL, AND TO GIVE EFFECT TO CERTAIN TRANSFERS OF SUCH LICENCES. [31 st October, 1923.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1 Licences deemed to be valid.

1.—Every licence to which this Act applies shall for all purposes and notwithstanding any decision to the contrary given by any court before the passing of this Act, be deemed to be and to have been continuously since the last renewal thereof as valid and effectual as if the same had been regularly renewed to the proper person in every year since the last renewal thereof and shall continue to be of such validity and effect up to and including the 10th day of October, 1923.

2 Licence deemed to have been transferred when premises transferred.

2.—If the premises licensed by a licence to which this Act applies have been since the last renewal of such licence validly transferred whether by deed, will, or devolution of law, the licence shall for all purposes be deemed to have been validly transferred to the person to whom the premises were so transferred, notwithstanding any decision to the contrary given by any court before the passing of this Act and notwithstanding any omission to obtain from Petty Sessions or a District Court a transfer or endorsement of the licence.

3 Licence deemed to be transferred when trade transferred.

3.—(1) Whenever by reason of the destruction of the premises licensed by a licence to which this Act applies or for some other cause beyond the control of the licence-holder, the sale of intoxicating liquor in the licensed premises became impossible at any time since the last renewal of the licence, and the sale of intoxicating liquor has before the passing of this Act been transferred to and carried on in other premises in the same city, town, or village by the licence-holder, the licence shall for all purposes and notwithstanding any decision to the contrary given by any court before the passing of this Act, be deemed to have been validly transferred to the last mentioned premises as on and from the date on which the sale of intoxicating liquor was so transferred to such premises.

• (2) In any case in which a licence is transferred by virtue of the foregoing sub-section it shall be lawful for a District Court within one year after the passing of this Act, on the application of a member of the Dublin Metropolitan Police or the Gárda Síochána not below the rank of sergeant, to order the licence-holder within a time to be named in such order to make such alterations and additions to the last mentioned premises as in the opinion of the District Justice are necessary to bring such premises into conformity with the requirements of the law relating to premises licensed for the sale of intoxicating liquors.

• (3) Any person who shall fail to comply with an order of a District Court under the foregoing sub-section shall be guilty of an offence and shall be liable on summary conviction thereof to a fine not exceeding £50 and also to a further fine not exceeding £10 for each day on which such non-compliance continues and also to have the licence forfeited.

4 Licences to which this Act applies.

4.—This Act shall, subject to the proviso annexed to this section, apply to every licence for the sale of any class or classes of intoxicating liquor (whether on or off the premises) which at any time after the 1st day of January, 1919, and before the passing of this Act was not renewed and in respect of which it is shown to the satisfaction of a District Court that such non-renewal was solely due to one or more of the following reasons, namely:—

• (a) because no annual Licensing Petty Sessions were held in the county or county borough in which the licensed premises were situate; or

• (b) because there was no Justice of the Peace or an insufficient number of Justices of the Peace for such county or county borough qualified to give the certificates requisite for the renewal of the licence; or

• (c) because the holder of such licence refrained from applying for a renewal of the licence solely on account of his adherence to political principles inconsistent with a recognition of the annual Licensing Petty Sessions as a competent authority to grant licences or renewals of licences; or

• (d) because by reason of the destruction of the licensed premises or for some other cause beyond the control of the licence-holder, the licensed premises had not been opened for the sale of intoxicating liquor for a period of twelve months:

Provided always that this Act shall not apply to any such licence as aforesaid unless or until all excise duties payable for or in respect of such licence since the last renewal thereof (subject to such allowances, refunds, and rebates as are allowable by law) have been, or shall within one month after the passing of this Act be, duly paid.

5 Short Title.

5.—This Act may be cited as the Licensing (Renewal of Licences) Act, 1923.