Livestock Marts Act, 1967

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Grant of licences for livestock marts.

3.—(1) On the application of or on behalf of a person who proposes to carry on the business of a livestock mart at a specified place in such form and containing such particulars as the Minister may direct, the Minister may, at his discretion, grant or refuse to grant a licence authorising the carrying on of the business of a livestock mart at that place.

(2) The Minister may, at the time of the granting of a licence, attach to the licence such conditions as he shall think proper and shall specify in the licence.

(3) The Minister may, if he so thinks fit, amend or revoke a condition attached to a licence.

(4) Upon breach of a condition attached to a licence the holder of the licence shall be guilty of an offence.

(5) Where the holder of a licence is guilty of any offence under this Act, the Minister may, if he so thinks fit, revoke the licence.

(6) (a) Whenever the Minister proposes to refuse to grant a licence or to revoke a licence because of a contravention of regulations under section 6 of this Act prescribing any matter specified in paragraphs (e) to (i) of section 6 (2) of this Act, he shall, before doing so, notify the holder of or the applicant for the licence of his intention and of the reasons therefor, and, if any representations are made to the Minister within seven days after the date of the giving of the notification by the holder or applicant, as the case may be, the Minister shall consider them.

(b) Whenever the Minister proposes to revoke a licence because of a contravention of regulations under section 6 of this Act prescribing any matter specified in paragraphs (e) to (i) of section 6 (2) of this Act, the Minister shall not do so until the expiration of one month after the date of the giving of the notification aforesaid, and, if, within seven days after the giving of the notification aforesaid, the holder of the licence makes a request to the Minister for the holding of an inquiry in relation to the matter, the Minister shall cause an inquiry to be held (unless, as result of the consideration of representations made to him, the Minister has decided not to revoke the licence).

(c) Where an inquiry is held under this subsection, the Minister shall not revoke the licence until he has considered the report of the person holding the inquiry.

(d) The Minister shall appoint a person who is a practising barrister of at least ten years' standing to hold any inquiry under this subsection and the person so appointed shall have power to take evidence on oath which he is hereby authorised to administer and shall make a report to the Minister of his findings at the inquiry.

(e) The Minister shall give to the person who requested the holding of the inquiry notice of the time and place of the holding of the inquiry and the person shall be entitled to appear at the inquiry personally or by counsel or solicitor and to adduce evidence.

(f) There shall be paid to a person holding an inquiry under this subsection such remuneration as the Minister, with the consent of the Minister for Finance, may fix.

(7) Whenever the Minister revokes a licence, he shall cause a statement of his reasons for doing so to be laid before each House of the Oireachtas.

(8) Notwithstanding anything contained in this Act, a person who carries on the business of a livestock mart at any place and who, immediately before the passing of this Act, carried on that business at that place, shall, if in relation to the place, the regulations under this Act are complied with, be entitled to be granted a licence in respect of the place.