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Public bars in hotels in certain cases.
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19.—(1) Where a person who holds a licence in respect of a hotel which was granted by virtue of paragraph (2) of section 2 of the Act of 1902 shows to the satisfaction of the District Court, on application thereto at any sitting thereof for the Court area in which the hotel is situate, that, in respect of an ordinary seven-day licence (not being a licence granted by virtue of paragraph (2) of section 2 of the Act of 1902), either—
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(a) he is the holder thereof, or
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(b) he has procured the consent of the holder to the extinguishing thereof,
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the Court may order that the ordinary seven-day licence be extinguished.
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(2) When an order under subsection (1) of this section is made—
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(a) it shall be lawful, notwithstanding anything contained in the Act of 1902, to have in the hotel a public bar for the sale of intoxicating liquor,
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(b) the ordinary seven-day licence shall be extinguished, and
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(c) if the premises to which the ordinary seven-day licence was attached immediately before the making of the order were premises to which paragraph (1) of section 2 of the Act of 1902 applied, that paragraph shall cease to apply to them.
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(3) Where—
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(a) a certificate entitling the holder thereof to receive a licence in respect of a hotel has been granted by virtue of paragraph (2) of section 2 of the Act of 1902, and
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(b) on the hearing of the application for the grant of the certificate the holder—
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(i) has indicated to the Court that he wishes to have in the hotel a public bar for the sale of intoxicating liquor and has shown, to the satisfaction of the Court, in relation to an ordinary seven-day licence (not being a licence granted by virtue of paragraph (2) of section 2 of the Act of 1902), either—
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(I) that he is the holder thereof, or
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(II) that he has procured the consent of the holder thereof to the extinguishing of the licence if and when a licence in respect of the hotel is granted, or
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(ii) has shown to the satisfaction of the Court that an order has previously been made under this section in relation to the hotel,
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then, the Court may by order direct that, upon the grant of the licence in respect of the hotel, the ordinary seven-day licence be extinguished.
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(4) When an order under subsection (3) of this section is made, then, upon the grant of the licence in respect of the hotel—
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(a) it shall be lawful, notwithstanding anything contained in the Act of 1902, to have in the hotel a public bar for the sale of intoxicating liquor,
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(b) the ordinary seven-day licence shall be extinguished, and
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(c) if the premises to which the ordinary seven-day licence was attached immediately before the making of the order, were premises to which paragraph (1) of section 2 of the Act of 1902 applied that paragraph shall cease to apply to them.
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(5) In this section—
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“hotel” means a house containing at least ten, or, if situate in a county borough (which expression shall be deemed for the purposes of this section to include the Dublin Metropolitan District), twenty apartments set apart and used exclusively for the sleeping accommodation of travellers and having no public bar for the sale of intoxicating liquor;
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“ordinary seven-day licence” has the meaning assigned to it by subsection (2) of section 11 of the Act of 1927.
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