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Grant of full licence for premises having a restricted licence.
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27.—(1) In this section—
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“full licence” means a publican's licence within the meaning of Part II of the Act of 1910 which is neither a six-day licence nor an early-closing licence;
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“restricted licence” means—
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(a) a publican's licence which is not a full licence, or
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(b) a beerhouse licence within the meaning of Part II of the Act of 1910.
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(2) Where a person who holds a restricted licence in respect of any premises (in this subsection and in subsection (3) of this section referred to as the relevant premises) shows to the satisfaction of the District Court on application thereto at any sitting thereof for the Court area in which the relevant premises are situate that, in relation to—
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(a) another restricted licence in respect of premises situate in that Court area, or
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(b) each of two other restricted licences in respect of premises both of which are situate elsewhere than in that Court area, or
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(c) a full licence,
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either—
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(i) he is the holder thereof, or
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(ii) he has procured the consent of the holder thereof to the extinguishing thereof if and when a full licence in respect of the relevant premises is granted pursuant to this section,
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the Court shall cause a certificate to be given to that person entitling him to receive a full licence in respect of the relevant premises.
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(3) Upon the grant pursuant to an application under subsection (2) of this section of the full licence in respect of the relevant premises—
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(a) the restricted licence in respect of the relevant premises shall be extinguished, and
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(b) the other licence or licences, as the case may be, to which the application related shall be extinguished and the other premises or each of the other premises, as the case may be, to which the application related shall, for the purposes of the Act of 1902, be deemed never to have been licensed.
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(4) Notwithstanding anything contained in the Licensing Acts, 1833 to 1960, the Revenue Commissioners shall, upon application within two years after the passing of this Act by a person who holds a restricted licence in respect of any premises and upon payment by that person of the sum of two hundred pounds to the Revenue Commissioners, grant to that person a full licence in respect of the premises.
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(5) Upon the grant under subsection (4) of this section of a full licence in respect of any premises, the restricted licence in respect thereof shall be extinguished.
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(6) The sum payable under subsection (4) of this section in relation to the grant of a licence shall be in addition to and not in substitution for any sum payable on the licence under section 43 of the Act of 1910.
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(7) (a) There shall be established a fund which shall be managed by the Minister for Finance and shall be known as the Restricted Licences Conversion Fund and all sums received by the Revenue Commissioners under subsection (4) of this section shall be paid by them to that Minister for the credit of the Fund.
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(b) The assets of the Fund shall be disposed of in such manner and for such purposes as may be determined by Act of the Oireachtas.
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(c) An account of the Fund shall be prepared for each financial year by the Minister for Finance and the account shall be audited by the Comptroller and Auditor General and, together with the report of the Comptroller and Auditor General thereon, shall be laid before each House of the Oireachtas.
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