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Declaration as to fitness and convenience of proposed premises.
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8.—(1) Where the holder of a certificate under section 6 proposes to construct premises upon the approved site and to apply to have the premises licensed for the sale of intoxicating liquor, he may apply to the Court for a declaration that the proposed premises would be fit and convenient to be so licensed, and that either—
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(a) the premises when constructed will be premises to which subsection (2) of section 7 applies, or
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(b) the existence of a licence for the premises would not be unreasonably detrimental to the business being carried on at the date of the application under this section in any licensed premises in the neighbourhood,
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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) Where the local authority propose to construct premises upon a site approved by them as a site for licensed premises in substitution for licensed premises which, after the passing of this Act, have been or are to be demolished by them or by their direction in exercise of any of their functions and to lease the premises for use as licensed premises, the local authority may apply to the Court for a declaration under subsection (1).
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(3) 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 it is proposed to have the premises, notice of intention to make the application,
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(b) give to the Superintendent of the Garda Síochána, within whose district it is proposed to have the premises, at least twenty-one days' notice in writing of 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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(4) The application shall be accompanied by a plan of the proposed premises.
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(5) 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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(6) 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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