Intoxicating Liquor Act, 1960
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Power in certain cases to grant transfers or renewals of licences in respect of premises to persons other than the owners. |
30.—(1) Where the holder of a licence in respect of any premises (not being a person who holds the licence as a nominee) ceases, for any reason other than death, transfer of the premises or forfeiture of the licence, to carry on the business authorised by the licence, and, if he is ordinarily resident in the State, either ceases to be so resident or cannot be found, the Court may, subject to the provisions of the Licensing Acts, 1833 to 1960, on due application being made to it at any sitting thereof for the Court area within which the premises are situate— | |
(a) if the licence has not expired, transfer the licence to the applicant, in accordance with the provisions of section 1 of the Public House (Ireland) Act, 1855 , and | ||
(b) if the licence has expired and the application is made within one year after such expiry, grant to the applicant the certificate or certificates required to be produced before a renewal of the licence is granted in respect of the premises, and, for the purposes of the application and of the grant of the renewal of the licence by the Revenue Commissioners, the applicant shall be deemed to be the holder of the lowest estate or tenancy in the premises. | ||
(2) An application to the Court under subsection (1) of this section shall not be granted if— | ||
(a) the holder of the licence objects, or | ||
(b) the Court does not consider that the applicant is a suitable person in all the circumstances to be granted the certificate. | ||
(3) Where an application under subsection (1) of this section in respect of a licence is granted by the Court after the licence has expired, the licence shall be deemed to have been renewed immediately after the expiration thereof. | ||
(4) Where the holder of a licence to whom a transfer or renewal thereof was granted by virtue of subsection (1) of this section applies to the Court for the grant of the certificate or certificates required to be produced before a grant of a renewal of the licence is made, he shall be deemed, for the purposes of the application and of the grant of the renewal of the licence by the Revenue Commissioners to be the holder of the lowest estate or tenancy in the premises to which the licence relates. | ||
(5) The holder of the lowest estate or tenancy in any premises in respect of which a licence which is in force, is not held by him and has been transferred or renewed by virtue of the foregoing provisions of this section shall be entitled, on due application being made to the Court— | ||
(a) to have the licence in respect of the premises transferred to him in accordance with the provisions of section 1 of the Public House (Ireland) Act, 1855 , and | ||
(b) whether the licence has or has not been transferred to him under paragraph (a) of this subsection, to be granted, subject to the provisions of the Licensing Acts, 1833 to 1960— | ||
(i) in case he is the person referred to in subsection (1) of this section as the holder of the licence, the certificate or certificates required to be produced before a renewal of the licence is granted, and | ||
(ii) in any other case, the certificate or certificates required to be produced before the grant of a licence by way of transfer is made in respect of the premises. | ||
(6) A licence in respect of any premises which has been transferred or renewed by virtue of subsection (1) of this section and is held by a person other than the holder of the lowest estate or tenancy in the premises shall not be capable of being extinguished under or for the purposes of section 4 of the Act of 1902, section 11 of the Act of 1927, section 21 or section 31 of the Act of 1943 or section 13 or section 19 of this Act. |