|
|
Reference orders.
|
40.—(1) Any officer of the Gárda Síochána may apply to the District Court at the annual licensing district court for a licensing area to have the question whether a particular licence attached to premises situate in such licensing area should or should not be abolished referred to the compensation authority.
|
|
| |
(2) The District Court shall not entertain an application under this section unless or until satisfied that not less than ten days before the annual licensing district court at which the application is proposed to be made notice in writing of the intention to make the application was given to the holder of the licence to which the application relates and to the district court clerk.
|
|
| |
(3) On the hearing of an application under this section the Court, if satisfied that a prima facie case has been established for the abolition of the licence to which the application relates, shall make an order (in this Part of this Act called a reference order) referring the question of the abolition of such licence to the compensation authority for the licensing area, and if not so satisfied shall dismiss the application without prejudice to the making of a fresh application in relation to the same licence at a subsequent annual licensing district court.
|
|
| |
(4) Whenever a reference order is made the district court clerk shall forthwith transmit a copy of the order to the registrar to the compensation authority.
|
|
| |
(5) On the hearing of an application under this section the officer of the Gárda Síochána making the application and the holder of the licence to which the application relates and no other party shall be entitled to be heard and adduce evidence.
|
|
| |
(6) No appeal shall lie from an order of the District Court on an application under this section and no such order shall award any costs to be paid by either party to the other party.
|
|
| |
(7) The making of a reference order in respect of a licence shall not prejudice or affect the renewal of such licence or the granting of a certificate for such renewal.
|
