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Declaration as to fitness and convenience of proposed hotel.
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41.—(1) Where a person proposes to construct or alter premises for use as an hotel and to apply to have the hotel licensed for the sale of intoxicating liquor, he may apply to the Circuit Court for a declaration that the proposed premises would be fit and convenient to be so licensed and the Court, if it is so satisfied, may grant the application on such terms as the Court may think fit.
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(2) The intending applicant shall—
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(a) cause to be inserted, at least twenty-one days before the making of the intended application, in a newspaper circulating in the place in which he proposes to have the premises, notice of his intention to make the application,
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(b) give to the Superintendent of the Garda Síochána, within whose district he proposes to have the premises, at least twenty-one days' notice in writing of his intention to make the application, and
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(c) cause to be deposited with the said Superintendent a copy of the plans of the proposed premises.
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(3) The application shall be accompanied by a plan of the proposed premises.
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(4) Any person who would be entitled to object to an application for a certificate entitling the applicant to a licence in respect of the premises shall be entitled to object in like manner to the application under this section.
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(5) A declaration under this section shall remain in force for three years from the grant of the application or for such longer period as the Court may in any particular case think proper to provide.
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