Refreshment Houses (Ireland) Act, 1860

Justices may object to the renewal or transfer of a wine licence if they shall see just cause of objection.

Appeal.

17. Provided always, that it shall be lawful for any justice or justices at petty sessions, or for any divisional justice or justices, as the case may be, after any such wine licence shall have been granted for any refreshment house within their respective jurisdictions, but three months at least before the expiration of such licence, to give notice to the holder thereof to appear before him or them respectively, and show cause why an objection (stating the grounds thereof) should not be lodged against a renewal or transfer of his licence; and if upon the hearing the said justice or justices respectively shall see just cause of objection on one or more of the grounds herein-before mentioned (in respect of granting for the first time such wine licence), such justice or justices respectively shall give to the said supervisor of the district within which the said refreshment house shall be situated notice of objection against the renewal or transfer of such licence, and shall specify the grounds of objection in such notice, and make an order accordingly; and on the expiration of such wine licence, after such notice as aforesaid given to the supervisor, no renewal or transfer thereof shall be granted unless the decision of the said justice or justices respectively shall be reversed upon an appeal against the same, as herein-after allowed: Provided always, that it shall be lawful for the holder of the said licence to appeal against the said order of refusal to the quarter sessions of the division within which such person shall reside, or, if in the police district of Dublin Metropolis, to the Recorder of Dublin, at the quarter sessions which shall be held in such division or city (as the case may be) after the expiration of ten days from the making of such order of refusal, upon giving seven days previous notice in writing to such justice or justices respectively of his intention so to appeal; and such court of quarter sessions for such division or city respectively shall hear and finally determine the said appeal; and upon notice of such determination given to the said supervisor the said licence shall be refused or granted in conformity therewith; provided always, that such appeal shall be subject to the like incidents and provisions (so far as the saine are applicable), and shall be heard and dealt with by the court of quarter sessions or recorder in the like manner, as an appeal from an order of refusal of such justice or justices respectively to grant for the first time a wine licence under the provisions of this Act; and if the appellant shall be declared entitled to the renewal or transfer of such licence, the supervisor of Excise shall grant such licence on the production of a. certificate from the clerk of the peace as herein-before provided.