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Ground for abolition of licences.
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39.—(1) A licence may be abolished under this Part of this Act on the following and no other ground, that is to say, that there are in the licensing area too many licensed premises and that the said licence should be abolished in preference to any other licence attached to premises in the licensing area.
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(2) In considering whether there are or are not too many licensed premises in a licensing area the District Court or the compensation authority (as the case may be) shall have regard to the character (whether residential, agricultural, manufacturing, or otherwise) of the licensing area, the number of licensed premises in the area in proportion to the population of the area, the volume of business done by licensed premises in the area, the amount of drunkenness in the area, and any other matter which appears to the District Court or the compensation authority (as the case may be) to be relevant.
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(3) In considering whether a licence should or should not be abolished in preference to other licences the District Court or the compensation authority (as the case may be) shall regard the following matters as reasons in favour of the abolition of the licence in preference to other licences, that is to say:—
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(a) that the volume of business transacted in the premises to which the licence is attached is small,
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(b) that the structural condition and state of repair of the said premises is bad,
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(c) that the accommodation in the said premises for customers is unsatisfactory in character or extent,
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(d) that the business carried on in the said premises is not properly conducted,
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(e) that the situation of the said premises is such as to render supervision thereof by the police difficult.
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