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Amendment of section 25 of the Act of 1927.
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37.—(1) Section 25 (which relates to the recording of convictions on licences) of the Act of 1927 is hereby amended by—
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(a) the deletion in subsection (1) of “if the Court in its discretion so thinks proper” (inserted by the Act of 1943) and the substitution therefor of “subject to subsection (4) of this section”,
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(b) the substitution of “two years” for “five years”, “four years” for “seven years” and “six years” for “ten years” in subsection (2), and
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(c) the addition to the section of the following subsection:
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“(4) Notwithstanding anything contained in subsection (1) of this section, where a person is convicted in relation to any premises in respect of which he holds a licence for the sale of intoxicating liquor by retail of an offence to which this Part of this Act applies and the conviction is the first conviction of that person in relation to those premises of an offence to which this Part of this Act applies, the conviction shall not be recorded on the licence.”
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(2) (a) Every conviction which, immediately before the passing of this Act, stood recorded under section 25 of the Act of 1927 on a licence then in force, shall, upon the passing of this Act, cease for all purposes to be so recorded and where, before the passing of this Act, the holder of a licence then in force had been convicted of an offence to which Part III of the Act of 1927 applies, such holder shall, for the purposes of subsection (2) and subsection (4) (inserted by this section) of the said section 25, be deemed never to have been so convicted.
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(b) Where the holder of a licence is convicted after the passing of this Act of an offence to which Part III of the Act of 1927 applies and which was committed before such passing, the conviction shall not be recorded on the licence under section 25 of the Act of 1927 and such holder shall for the purposes of the said subsection (2) and the said subsection (4) be deemed never to have been so convicted.
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