Betting Act, 1926
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Appeals from refusal of certificate. |
10.—(1) Whenever a superintendent of the Gárda Síochána refuses to give a certificate of personal fitness or a certificate of suitability of premises, he shall, on demand made by the applicant for the certificate within six days after the refusal, give to such applicant a statement in writing in the prescribed form of the grounds on which he refused to give the certificate. | |
(2) Any person to whom a certificate of personal fitness or a certificate of suitability of premises has been refused by a superintendent of the Gárda Síochána may, within twenty-one days after receiving from such superintendent a statement in writing of the grounds of such refusal, appeal in the prescribed manner from such refusal to the District Court. | ||
(3) Every person who appeals to the District Court under this section shall in the prescribed manner and within the prescribed time give notice of such appeal to the said superintendent of the Gárda Síochána and also to the Revenue Commissioners. | ||
(4) On the hearing of any such appeal the District Court may either confirm or disallow the refusal of the certificate, and, whenever the District Court so disallows a refusal of the certificate, the said superintendent of the Gárda Síochána shall within three days after such disallowance give to the appellant a certificate of personal fitness or a certificate of suitability of premises, as the case may require. | ||
(5) The following provisions shall apply to every appeal under this section, that is to say: | ||
(a) no party except the superintendent of the Gárda Síochána and the Revenue Commissioners shall be heard in opposition to the appeal; | ||
(b) Section 27 of the Inland Revenue Regulation Act, 1890 , shall apply to the appeal in like manner as it applies to the proceedings relating to inland revenue; | ||
(c) any ground of refusal mentioned in the written statement of grounds of refusal and no other ground may be advanced in opposition to the appeal; | ||
(d) whenever the refusal is confirmed the Court may order the appellant to pay the costs of the superintendent of the Gárda Síochána and may measure the amount of such costs; | ||
(e) no appeal shall lie to the Circuit Court under section 84 of the Courts of Justice Act, 1924 (No. 10 of 1.924). |