Intoxicating Liquor Act, 1960
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Declaration as to fitness and convenience of proposed licensed premises or as to suitability of proposed registered club premises. |
15.—(1) Where a person proposes to acquire, construct or alter premises (not being premises in relation to which an application may be brought under section 8 of the Intoxicating Liquor Act, 1953 ) and to apply to the Circuit Court or the District Court, as may be appropriate, for the grant of a certificate entitling him to receive a licence in respect of the premises, he may apply to that Court for a declaration that the premises would be fit and convenient to be so licensed, and, if he shows to the satisfaction of the Court— | |
(a) that, if the acquisition, construction or alteration, as the case may be, of the premises were then completed and the application for the grant of the certificate aforesaid were then made and no objection on the ground of the character, misconduct or unfitness of the applicant were made on the hearing of the application, it would be proper, having regard to the provisions of the Licensing Acts, 1833 to 1960, to grant the application, and | ||
(b) in any case where the applicant proposes to construct premises, that he is the holder of the lowest estate or tenancy in the site on which it is proposed to construct the premises or, if he is not such holder, that the holder thereof has agreed to convey the lowest estate or tenancy in the site to the applicant if and when a declaration under this section is made in relation to the site, | ||
the Court, if it is so satisfied, may grant the application on such terms as the Court may think fit. | ||
(2) Where a club proposes to acquire, construct or alter premises for its occupation and to apply to the Circuit Court or District Court, as may be appropriate, for the grant or renewal of a certificate of registration under the Act of 1904 applicable to those premises, it may apply to that Court for a declaration— | ||
(a) that the premises would be suitable for the grant or renewal, as the case may be, of a certificate of registration under the Act of 1904 applicable thereto, and | ||
(b) if the application is for the grant of such certificate, that the number of clubs registered under the Act of 1904 which are of the character of the club so applying and have premises in the district in which the premises the subject of the application are situate would not be such as to require the refusal of the application, | ||
and the Court, if it is so satisfied, may grant the application on such terms as it may think fit. | ||
(3) The intending applicant under subsection (1) or subsection (2) of this section shall— | ||
(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, | ||
(b) give 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 | ||
(c) cause to be deposited with the said Superintendent a copy of the plans of the premises. | ||
(4) The application shall be accompanied by a plan of the premises. | ||
(5) In relation to premises the subject of an application under subsection (1) of this section, any person who would be entitled to object to an application for the grant of a certificate entitling the applicant to receive a licence in respect of the premises shall be entitled to object in like manner to an application under subsection (1) of this section and, in relation to premises the subject of an application under subsection (2) of this section, any person who would be entitled to object to an application for the grant or renewal of a certificate of registration under the Act of 1904 applicable to the premises shall be entitled to object in like manner to an application under subsection (2) of this section. | ||
(6) A declaration under subsection (1) or subsection (2) of this section shall remain in force for two years from the grant of the application or for such longer period as the Court granting the application may in any particular case think proper to provide. | ||
(7) Where, in respect of any premises, or proposed premises, either a declaration under subsection (1) of this section is in force but a licence has not been granted since the granting of the declaration, or a declaration under subsection (2) of this section is in force but a certificate of registration under the Act of 1904 applicable thereto has not been granted since the granting of the declaration, those premises shall, for the purposes of an objection to an application for the grant of a certificate entitling the applicant to receive a licence or the grant of a certificate of registration under the Act of 1904 applicable thereto, as the case may be, or to an application under subsection (1) or subsection (2), as the case may be, of this section, but for no other purpose, be deemed to be a licensed premises or a club registered under the Act of 1904, as the case may be. | ||
(8) In this section “the Act of 1904” means the Registration of Clubs (Ireland) Act, 1904 . |