S.I. No. 228/1948 - Distribution of Tea To Catering Establishments (No. 2) Order, 1948.

S.I. No. 228 of 1948.

DISTRIBUTION OF TEA TO CATERING ESTABLISHMENTS (No. 2) ORDER, 1948.

I, DANIEL MORRISSEY, Minister for Industry and Commerce, in exercise of the powers conferred on me by Article 31 of the Emergency Powers Order, 1939 (S. R. & O. No. 224 of 1939), as amended by the Emergency Powers (No. 173) Order, 1942 (S. R. & O. No. 166 of 1942) (which Orders are continued in force by the Supplies and Services (Temporary Provisions) Act, 1946 (No. 22 of 1946)), and of every and any other power me in this behalf enabling, hereby order as follows :

1. This Order may be cited as the Distribution of Tea to Catering Establishments (No. 2) Order, 1948.

2. In this Order—

the expression " authorised officer " means a person who is an authorised officer for the purposes of the Emergency Powers (General Rationing Provisions) Order, 1944 (S. R. & O. No. 130 of 1944) ;

the expression " catering establishment " includes a hotel, restaurant, café, tea room, canteen and a club, but does not include a boarding house, a guest house or a lodging house ;

the expression " existing catering establishment " means a catering establishment entitled to a quota of tea in respect of the month of July, 1948 ;

the expressions " Form T.C.1," " Form T.C.2," " Form T.C.3 " and " Form T.C.4 " mean respectively the forms set out in the First, Second, Third and Fourth Schedules to this Order;

the expression " licensed tea retailer " means a person who is the holder of a tea retailer's licence granted or deemed to be granted under the Emergency Powers (Tea Retailers) Order, 1942 (S. R. & O. No. 407 of 1942);

the expression " licensed tea wholesaler " means a person who is the holder of a tea wholesaler's licence granted under the Tea (Wholesale Distribution) Order, 1947 ( S. R. & O. No. 201 of 1947 ) ;

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

the expression " new catering establishment " means a catering establishment which is not an existing catering establishment ;

the expression " primary wholesaler " means a licensed tea wholesaler who purchases tea directly from Tea Importers, Ltd. ;

the word " quota " means—

(a) the quantity of tea authorised by the Distribution of Tea to Catering Establishments and Institutions Order, 1948 ( S.I. No. 189 of 1948 ), to be supplied in respect of the month of July, 1948, to the proprietor of a catering establishment, or

(b) the quantity of tea authorised by a permit granted by the Minister to be supplied to the proprietor of a catering establishment.

3. The proprietor of an existing catering establishment shall not, on or after the 1st day of July, 1948, purchase tea for the purposes of such establishment from a licensed tea retailer unless—

(a) he has lodged Form T.C.1 with the retailer, and

(b) he has returned Part II, duly completed, of the said Form to the Secretary, Department of Industry and Commerce, Griffith Barracks, Dublin, on or before the 7th day of July, 1948.

4. The proprietor of a new catering establishment shall not purchase tea for the purposes of such establishment from a licensed tea retailer unless he has lodged Form T.C.4 with the retailer.

5. A licensed tea retailer shall not, on or after the 1st day of July, 1948, supply tea to the proprietor of an existing catering establishment for the purposes of such establishment unless—

(a) the proprietor has lodged Form T.C.1 with the retailer, and

(b) the retailer has, within three days after receipt of the said Form, returned Part II thereof, duly completed, to the proprietor.

6. A licensed tea retailer shall not, on or after the 1st day of August, 1948, supply tea to the proprietor of a new catering establishment for the purposes of such establishment unless—

(a) the proprietor has lodged with the retailer Form T.C. 4, and

(b) the retailer has been authorised to supply tea to the proprietor by a permit granted by the Minister.

7. A licensed tea retailer with whom any Form T.C. 4 has been lodged shall, within three days after receipt of the Form, forward it, with the entries therein to be completed by him duly completed, to a licensed tea wholesaler.

8. A licensed tea retailer shall, on or before the 3rd day of July, 1948, lodge with a licensed tea wholesaler Form T.C. 2, with Part I thereof duly completed.

9. Where a licensed tea retailer has, on or before the 7th day of July, 1948, received Part II, duly completed, of Form T.C.2 from a licensed tea wholesaler, he shall, on or before the 10th day of July, 1948, forward the said Part II to the Secretary, Department of Industry and Commerce, Griffith Barracks, Dublin.

10. A licensed tea wholesaler with whom any Form T.C.2 has been duly lodged by a licensed tea retailer shall, on or before the 7th day of July, 1948, return Part II, duly completed, of the said Form to the retailer.

11. A licensed tea wholesaler shall, on or before the 7th day of July, 1948, lodge with the licensed tea wholesaler who is his immediate wholesale supplier of tea Form T.C.3, with Part I thereof duly completed.

12. A licensed tea wholesaler with whom any Form T.C. 3 has been duly lodged by another licensed tea wholesaler shall, on or before the 10th day of July, 1948, return Part II, duly completed, of the said Form to the other wholesaler.

13. Where a licensed tea wholesaler has received Part II, duly completed, of Form T.C.3 from a licensed tea wholesaler, he shall, on or before the 14th day of July, 1948, forward the said Part II to the Secretary, Department of Industry and Commerce, Griffith Barracks, Dublin.

14. Wherever a licensed tea wholesaler supplies another licensed tea wholesaler with tea, three additional days shall be available for fulfilling any requirement of Articles 11, 12 and 13 of this Order.

15.—(1) Any licensed tea wholesaler, other than a primary wholesaler, with whom any Form T.C.4 has been lodged shall, within three days after receipt of the Form, lodge it, with the entries therein to be completed by him duly completed, with another licensed tea wholesaler.

(2) Any primary wholesaler with whom any Form T.C.4 has been lodged shall, within three days after receipt of the Form, forward it, with the entries therein to be completed by him duly completed, to the Secretary, Department of Industry and Commerce, Griffith Barracks, Dublin.

16. Where any Part I of Form T.C.1, T.C.2 or T.C.3 has been lodged with a licensed tea retailer or licensed tea wholesaler, he shall retain it and shall, on request made by or on behalf of the Minister or by an authorised officer, surrender the said Part I or produce it for inspection.

Form T.C.1.

FIRST SCHEDULE.

REGISTRATION OF CATERER WITH TEA SUPPLIER.

Part I.

A separate Form must be used by the caterer in respect of each of his suppliers.

Name of Caterer............................................................ ............................................................ .............................

Address............................................................ ............................................................ ..........................................

Authorised monthly tea quota for catering purposes at the increased rate operative as from the 1st June, 1948:—

(a) Quantity....................................lbs.

(b) Name of Supplier............................................................ ............................................................ ............

Certificate by Supplier.

I certify that I am authorised to supply the above-mentioned monthly quota.

Signed ............................................................ ............................................................ ..................................

Address............................................................ ............................................................ ................................

Date ............................................................ ....... 194......

Form T.C.1.

FIRST SCHEDULE.

REGISTRATION OF CATERER WITH TEA SUPPLIER.

Part II.

This part, after completion, must be detached by the Supplier and returned to the Caterer to be forwarded by the latter to:—

I certify that the undermentioned caterer has an authorised monthly quota of tea with me for catering purposes amounting to.......................................lbs. at the increased rate operative as from the 1st June, 1948.

(a) Name of Caterer............................................................ ............................................................ ..................

(b) Address ............................................................ ............................................................ ..............................

Signed............................................................ ...........................................(Tea Supplier)

Address............................................................ ............................................................ .............................

Date............................................................ ........................... 194...

Form T.C.2.

SECOND SCHEDULE.

REGISTRATION OF A TEA RETAILER WITH HIS WHOLESALER FOR CATERER'S TEA QUOTAS.

This form must be lodged by the Retailer with his Wholesale Supplier.

Part I.

I certify that I am authorised to supply monthly quotas of tea for catering purposes amounting to....................................lbs. at the increased rate operative as from the 1st June, 1948, to (State number).................................caterers who have lodged with me Parts I. of Form T.C.1. which I hold.

Signed............................................................ ............................................................ ................. (Tea Retailer)

Address............................................................ ............................................................ ......................................

Date............................................................ ... 194......

Form T.C.2.

SECOND SCHEDULE.

REGISTRATION OF A TEA RETAILER WITH HIS WHOLESALER FOR CATERER'S TEA QUOTA.

Part II.

This part, after completion, must be detached by the wholesaler and returned to the retailer to be forwarded by the latter to:—

I certify that the Part I. of Form T.C.2 lodged with me by the undermentioned retailer shows that he has an authorised monthly quota of tea with me for catering purposes amounting to............................................................ lbs. at the increased rate operative as from 1st June, 1948.

(a) Name of Retailer............................................................ ............................................................ ....................

(b) Address ............................................................ ............................................................ .................................

Signed............................................................ ........................................(Wholesaler)

Address............................................................ ............................................................ ................................

Date............................................................ ........................................ 194...

Form T.C.3.

THIRD SCHEDULE.

REGISTRATION OF A TEA WHOLESALER WITH HIS IMMEDIATE WHOLESALE SUPPLIER (INCLUDING TEA IMPORTERS, LTD., WHERE APPROPRIATE) FOR CATERERS' TEA QUOTAS.

This form must be lodged by the Wholesaler with his immediate supplier.

Part I.

I certify that I am authorised to supply monthly quotas of tea for catering purposes at the increased rate operative as from the 1st June, 1948, as shown hereunder:—

(a) On foot of Parts I. of Form T.C.1. lodged with me by my caterer customers ................................... lbs.

(b) On foot of Parts I. of Form T.C.2. lodged with me by my retailer customers ....................................lbs.

(c) On foot of Parts I. of Form T.C.3. lodged with me by my wholesaler customers .............................lbs.

Signed ............................................................ ............................................................ ........(Wholesaler)

Address ............................................................ ............................................................ ...................................................

Date ............................................................ ....................... 194 ...

Form T.C.3.

THIRD SCHEDULE.

REGISTRATION OF A TEA WHOLESALER WITH HIS IMMEDIATE WHOLESALE SUPPLIER (INCLUDING TEA IMPORTERS LTD., WHERE APPROPRIATE) FOR CATERERS' TEA QUOTAS.

Part II.

This part, after completion, must be detached by the supplying wholesaler and returned to his wholesaler customer to be forwarded by the latter to:—

I certify that the Part I of Form T.C.3 lodged with me by the undermentioned wholesaler shows that he has an authorised monthly-quota of tea with me for catering purposes amounting to ...............................................lbs. at the increased rate operative as from 1st June, 1948.

(a) Name of Wholesaler............................................................ .............

(b) Address............................................................ ................................

Signed............................................................ .......................................................(Supplier)

Address............................................................ ............................................................ ....................................

Date............................................................ ....................................... 194..

Form T.C.4

FOURTH SCHEDULE.

Tea Rationing.

Quota for Catering Purposes.

Instruction to Caterers.

This form should be handed by the caterer to the trader whom he has chosen as his supplier.

Instruction to Traders.

After completion in the space provided the retailer should forward the form to a wholesaler. If this wholesaler does not draw his supplies direct from Tea Importers, Ltd. he should pass the form to his supplier for completion in the appropriate space (by his supplier) and so on until the form has been signed by a primary wholesaler who purchases tea direct from Tea Importers, Ltd. When his has been done the primary wholesaler should send the completed form without delay to :—

The Secretary,

Department of Industry and Commerce,

Griffith Barracks,

Dublin.

Note.—A permit for the purchase of tea by the caterer cannot be issued until this form has reached the Department.

To be completed by the Retailer.

I am prepared to supply

with a quota of tea for catering purposes on receipt of authority from the Minister for Industry and Commerce. I wish to obtain the necessary supplies from the wholesaler who has signed hereunder.

Signed............................................................ ............................................................ ................... (Tea Retailer)

Address............................................................ ............................................................ ........................................

............................................................ ............................................................ .......................................

Date............................................................ .....................................

To be completed by wholesaler.

(1) I am prepared to supply the above-named retailer with the tea quota which I wish to obtain from the supplier who has signed at (2) or (3) hereunder. (Strike out whichever bracketed number is inapplicable.)

Signed............................................................ ............................................................ ................... (Wholesaler)

Address............................................................ ............................................................ ........................................

Date............................................................ ...................................

(2) I am prepared to supply the above-named wholesaler with the quota which I wish to obtain from the supplier who has signed at (3) hereunder.

Signed............................................................ ............................................................ .................... (Wholesaler)

Address............................................................ ............................................................ .........................................

Date............................................................ ..................................

(3) I am prepared to supply the tea quota as authorised under any permit issued by the Minister for Industry and Commerce.)

Signed............................................................ ............................................................ ..... (Primary Wholesaler)

Address............................................................ ............................................................ ........................................

Date............................................................ ...................................

Important.—No tea may be supplied to the caterer concerned by any of the traders mentioned above, pending the issue of a permit by the Minister for Industry and Commerce.

GIVEN under my Official Seal, this 29th day of June, 1948.

(Signed) DANIEL MORRISSEY,

Minister for Industry and Commerce.