Intoxicating Liquor Act, 1960
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Licensing or certification of premises the subject of a declaration. |
17.—(1) If, on the hearing of an application for the grant of a: certificate entitling the applicant to receive a licence in respect of any premises, it is shown to the satisfaction of the Court that a declaration has been made by the Court under subsection (1) of section 15 of this Act and that the premises have been acquired, constructed or altered in substantial accordance with the terms of the declaration, it shall not be open to the Court to refuse the application— | |
(a) in a case where it is made pursuant to section 21 of the Act of 1943, on any ground, and | ||
(b) in any other case, on any ground other than the character misconduct or unfitness of the applicant. | ||
(2) If, on the hearing of an application for a grant or renewal of a certificate of registration under the Act of 1904 applicable to any premises, it is shown to the satisfaction of the Court hearing the application that a declaration has been made by the Court under subsection (2) of section 15 of this Act and that the premises have been acquired, constructed or altered in substantial accordance with the terms of the declaration, the Court shall not receive any objection to the application grounded upon the unsuitability of the premises or upon the number of clubs registered under the Act of 1904 which are of the character of the club making the application and have premises situate in the district in which the premises the subject of the application are situate. | ||
(3) A declaration under section 41 of the Tourist Traffic Act, 1952 which is in force at the commencement of this Act, shall, notwithstanding the repeal of that section, remain in force for the period provided for in subsection (5) thereof and shall be deemed for the purposes of subsection (7) of section 15 of this Act and subsection (1) of this section to be a declaration under subsection (1) of section 15 of this Act. | ||
(4) If, on the hearing of an application for the grant of a restaurant certificate, within the meaning of section 12 of the Act of 1927, in relation to any premises it is shown to the satisfaction of the Court that a declaration has been made under subsection (1) of section 16 of this Act and that the premises have been acquired, constructed or altered in substantial accordance with the terms of the declaration, it shall not be open to the Court to refuse the application on any ground other than that the premises are not bona fide and mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public. | ||
(5) If, on the hearing of an application for the grant of a limited restaurant certificate, within the meaning of section 12A of the Act of 1927, in relation to any portion of a premises it is shown to the satisfaction of the Court that a declaration has been made under subsection (2) of section 16 of this Act and that the premises have been acquired, constructed or altered in substantial accordance with the terms of the declaration, it shall not be open to the Court to refuse the application on any ground other than that that portion of the premises is not bona fide and mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public. | ||
(6) In this section references to declarations are references to declarations that are in force. |