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Relief to bona fide purchasers.
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30.—(1) Whenever, on an application for a certificate for the transfer of a licence for the sale of intoxicating liquor by retail, the applicant at the time of such application satisfies the Court that the transfer is desired for the purpose of giving effect to a bona fide sale for money or money's worth of such licence and the premises to which the same is attached, the Court shall, if it grants such certificate, direct in and by such certificate that all (if any) offences then recorded on such licence under this Part of this Act shall at the time of such transfer cease to be so recorded, and whenever such direction is so given every such offence shall at the time of the transfer of such licence pursuant to such certificate cease to be recorded on such licence and such licence shall be so transferred freed and discharged from the records of such offences and shall thereafter have effect for all purposes as if such offences had never been recorded thereon.
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(2) Whenever a licence (hereinafter called the first licence) is transferred freed and discharged under the foregoing sub-section from the record of an offence and the person who was the holder of such licence immediately before such transfer (hereinafter called the first transfer) applies (whether in the same or another licensing area) within five years after such transfer for a certificate for the transfer (hereinafter called the second transfer) to him of the same or another licence (hereinafter called the second licence) the Court if it grants such certificate shall in and by such certificate direct that all offences which immediately before the first transfer were recorded under this Part of this Act on the first licence shall on the second transfer be recorded on the second licence, and whenever such direction is so given every such offence shall on the second transfer be recorded on the second licence, and such record shall from and after the second transfer have effect as if the same had been made on the second licence at the time when it was made on the first licence save that for the purpose of calculating the duration under this Act of such record the period between the first transfer and the second transfer shall be omitted.
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(3) It shall be the duty of every person who applies for a certificate for a transfer to which the foregoing sub-section would apply to disclose to the Court at the time of such application the facts by reason of which that sub-section so applies, and every such person who fails or neglects to make such disclosure shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, and also, if such person is at the date of such conviction the holder of the licence the subject of such certificate, every offence which would under the foregoing sub-section have been recorded on such licence if such disclosure had been duly made shall be deemed to have been duly so recorded in accordance with that sub-section.
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