No. 33/1946:

INTOXICATING LIQUOR ACT, 1946

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Grant and renewal of licences in respect of premises in a bog.

3 Transfer and variation of licences in respect of premises in a bog.

4 Exclusion of certain provisions of the Intoxicating Liquor Act, 1927.

5 Short title, construction, and collective citation.

AN ACT TO AMEND AND EXTEND THE LICENSING ACTS, 1833 TO 1943, BY PROVIDING FOR THE LICENSING OF CERTAIN PREMISES IN CERTAIN BOGS.

[17th December, 1946.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1.—In this Act—

the expression "bog premises" means all the buildings for the time being erected in a bog irrespective of the purpose for which such premises are used;

the expression "licensed bog premises" means premises in a bog in respect of which a licence for the sale of intoxicating liquor granted or renewed by virtue of this Act is for the time being subsisting, whether such premises are the whole or a part only of the bog premises in such bog;

the expression "the Minister" means the Minister for Industry and Commerce;

the expression "on-licence" means a licence for the sale of intoxicating liquor for consumption either on or off the premises.

2.—(1) Whenever the Minister is satisfied that it is expedient that an on-licence should be granted in respect of the whole or a particular part of any particular bog premises, the Minister may issue to a person who appears to him to be a fit and proper person to hold such on-licence a certificate certifying that the Minister approves of the grant by the Revenue Commissioners to the said person (who shall be named in the certificate) of an on-licence in respect of specified premises which are either the whole or a part of the said bog premises.

(2) On presentation to the Revenue Commissioners of a certificate issued by the Minister under subsection (1) of this section, the Revenue Commissioners shall, notwithstanding anything contained in the Licensing Acts, 1833 to 1943, grant to the person named in that behalf in the certificate an on-licence in respect of the premises specified in that behalf in the certificate.

(3) Whenever an on-licence granted or renewed under this section is subsisting, the Minister may, if he so thinks proper, issue to the holder of such on-licence a certificate certifying that the Minister approves of the renewal of the on-licence to the holder thereof in respect of the said bog premises.

(4) On presentation to the Revenue Commissioners of a certificate issued by the Minister under subsection (3) of this section, the Revenue Commissioners shall, notwithstanding anything contained in the Licensing Acts, 1833 to 1943, grant a renewal of the said on-licence to the holder thereof.

3.—(1) Whenever it appears to the Minister to be expedient that an on-licence granted or renewed under this Act and for the time being subsisting should, because of the death of the holder thereof or for any other reason, be transferred to a particular person who appears to the Minister to be a fit and proper person to hold such on-licence, the Minister may issue to the said person a certificate certifying that the Minister approves of the transfer of the licence to that person.

(2) On presentation to the Revenue Commissioners of a certificate issued by the Minister under subsection (1) of this section, the Revenue Commissioners shall, notwithstanding anything contained in the Licensing Acts, 1833 to 1943, transfer the on-licence to which the certificate relates to the person specified in that behalf in the certificate.

(3) Whenever it appears to the Minister to be expedient for any reason that the premises to which an on-licence granted or renewed under this Act and for the time being subsisting relates should be varied in any particular respect, other than applying such on-licence to premises which are not part of any bog premises, the Minister may issue to the holder of such on-licence a certificate certifying whichever one or more of the following things is appropriate in the circumstances, that is to say:

( a ) that the Minister approves of the extension of the said on-licence to a specified part of the bog premises to another part of which it already applies;

( b ) that the Minister approves of the exclusion from the premises to which the said on-licence applies of a specified part of those premises;

( c ) that the Minister approves of the transfer of the said on-licence from the premises to which it applies to another part of the same bog premises.

(4) On presentation to the Revenue Commissioners of a certificate issued by the Minister under subsection (3) of this section, the Revenue Commissioners shall, notwithstanding anything contained in the Licensing Acts, 1833 to 1943, amend the on-licence to which such certificate relates in accordance with the approval of the Minister as stated in the certificate.

4.—In Part IV of the Intoxicating Liquor Act, 1927 (No. 15 of 1927), the word "licence" shall not include a licence attached to a licensed bog premises, and the said Part IV (and in particular subsection (3) of section 36 thereof) shall be construed and have effect accordingly.

5.—(1) This Act may be cited as the Intoxicating Liquor Act, 1946 .

(2) This Act shall be construed as one with the Licensing Acts, 1833 to 1943, and may be cited with those Acts as the Licensing Acts, 1833 to 1946.