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Grant of licences.
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24.—(1) Subject to the provisions of this section, the Minister shall have absolute discretion to grant or refuse to grant an application for a licence.
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(2) Where—
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(a) an application is made before the appointed day for a licence in respect of any premises, and
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(b) the applicant satisfies the Minister that—
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(i) he was at the date of the passing of this Act carrying on the business of curing bacon, and
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(ii) he manufactured at such premises, during the qualifying period, not less than two thousand two hundred hundredweights of bacon,
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the Minister shall, subject however to the provisions of sub-sections (7) and (8) of this section, grant such application.
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(3) Where—
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(a) an application is made, after the expiration of the preliminary period and within one month after such expiration, for a licence in respect of any premises, and
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(b) the applicant was, immediately before such expiration, registered in the register of minor curers in respect of such premises, and
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(c) the applicant satisfies the Minister that he manufactured at such premises—
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(i) during not less than forty-five weeks in the first twelve months of the preliminary period, at least one thousand five hundred hundred-weights of bacon, and
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(ii) during not less than forty-five weeks in the remainder of the preliminary period, at least two thousand two hundred hundred-weights of bacon,
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the Minister shall, subject however to the provisions of sub-sections (7) and (8) of this section, grant such application.
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(4) Where—
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(a) an application is made after the appointed day for a curing and slaughtering licence in respect of any premises, and
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(b) the applicant is the holder of a curing licence in respect of the whole or any part of such first mentioned premises,
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the Minister shall, subject however to the provisions of sub-sections (7) and (8) of this section, grant such application, and thereupon such curing licence shall cease to be in force.
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(5) Where—
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(a) an application is made at any time by a company, registered under the Companies Acts, 1908 to 1924, or a society registered under the Industrial and Provident Societies Act, 1893, for a licence in respect of any premises, and
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(b) such company or society satisfies the Minister that the number of its shareholders or members is not less than one thousand and that each shareholder or member is a pig producer in Saorstát Eireann,
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the Minister shall, subject to the provisions of sub-sections (7) and (8) of this section, grant such licence.
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(6) Where the Minister proposes after the date of the establishment of the Bacon Marketing Board to grant, otherwise than under sub-sections (3), (4) or (5) of this section, a licence, he shall consult the said Board before granting such licence.
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(7) The Minister shall not grant a licence unless he is satisfied that the premises to which such licence will relate comply with the following conditions (in this Part of this Act referred to as conditions of cleanliness and suitability of premises) that is to say:—
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(a) that such premises are structurally suitable and adequate for the volume of business carried on therein at the date of the application for such licence; and
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(b) that there are in such premises suitable and adequate facilities for the artificial chilling of carcases and parts thereof; and
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(c) that such premises and the equipment, fittings, and appliances therein are suitable and adequate for the production of bacon and are in a state of cleanliness and good repair; and
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(d) that there are in such premises suitable and adequate facilities for the sterilisation of equipment, fittings and appliances; and
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(e) that such premises are situated in such position and used in such manner as to prevent the exposure of pigs, carcases or bacon to any effluvium from any drain, cesspool, refuse heap or other source of contamination; and
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(f) that such premises are provided with suitable and adequate facilities for the proper disposal of washings and waste; and
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(g) that there is available on such premises such adequate supply of good and wholesome water as may from time to time be reasonably necessary; and
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(h) that suitable and adequate facilities are provided in such premises for the veterinary examination of carcases and bacon; and
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(i) that locked-up accommodation is provided on such premises for the safe custody of certificates, marks, records, and equipment.
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(8) The Minister shall not grant a curing and slaughtering licence unless he is satisfied that the premises to which such licence will relate comply with the following conditions (in this Part of this Act referred to as conditions of suitability of slaughtering premises) that is to say:—
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(a) that such premises are structurally suitable for the slaughtering of pigs; and
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(b) that adequate facilities are provided in such premises for the veterinary examination of pigs ante mortem and post mortem and of the viscera of pigs; and
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(c) that suitable and adequate facilities are provided in or in respect of such premises for the penning and resting of pigs before slaughter; and
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(d) that such premises are equipped with the prescribed plant and equipment; and
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(e) that such premises are provided with suitable and adequate facilities for the proper disposal of blood; and
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(f) that there are employed in such premises one or more persons skilled in the slaughtering of pigs.
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(9) The Minister shall, before granting a licence, consult the local slaughter-house authority (if any).
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(10) Where an application is made before the appointed day for a licence, and the Minister proposes to refuse to grant such licence, the Minister shall send by post to the applicant at his address as stated in the application one fortnight's notice of the Minister's intention to refuse the grant of such licence and of the reasons for such refusal and shall consider any representations made by the said applicant before the expiration of such notice.
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(11) Where—
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(a) premises are used exclusively for the business of slaughtering pigs; and
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(b) other premises situate within one mile from such first-mentioned premises are used for the manufacture of bacon from the carcases of pigs slaughtered at such first-mentioned premises;
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both such premises shall be deemed for the purposes of sub-section (2) of this section to be one set of premises.
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