Horse Industry Act, 1970

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Provisions in relation to licences.

29.—(1) In determining whether to grant or refuse to grant or revoke, as the case may be, a licence for the keeping of a riding establishment at any premises, the Minister shall in particular have regard to whether the person who is or will be keeping the establishment is, in the opinion of the Minister, suitable and qualified either by experience in the management of horses or otherwise to be the keeper of such an establishment and to the need for securing—

(a) that there will be available at all times, for horses, accommodation suitable as respects construction, size, number of occupants, lighting, ventilation, drainage, and cleanliness,

(b) that, in the case of horses maintained at grass, there will be maintained for them at all times during which they are so maintained adequate pasture and shelter,

(c) that horses will be adequately supplied with food, drink and (except, in the case of horses maintained at grass, so long as they are so maintained) bedding material, and will be adequately exercised and rested and (so far as necessary) visited at suitable intervals,

(d) that all reasonable precautions will be taken to prevent and control the spread among horses of infectious or contagious diseases,

(e) that appropriate steps will be taken for the protection of horses in case of fire,

(f) that horses will be maintained in a good state of health and that, in the case of a horse kept for the purpose of its being let out on hire for riding or a horse kept for the purpose of its being used in providing instruction in riding, the horse and any equipment to be supplied with it will be suitable for the purpose for which in that case it is kept,

(g) that adequate accommodation will be provided for forage, bedding, stable equipment and saddlery,

(h) that where horses are used for the purpose of providing in return for payment instruction in riding, the person giving the instruction shall have the necessary skill and ability for the purpose,

and shall specify such conditions in the licence, if granted by him, as appear to the Minister necessary or expedient in the particular case for securing all the objects specified in paragraphs (a) to (h) of this subsection.

(2) A licence may be granted with or without limitation on its period of validity.

(3) (a) Whenever the Minister proposes to refuse to grant a licence, he shall, before doing so, notify in writing the applicant for the licence of his intention and of the reasons therefor, and, if any representations are made by the applicant to the Minister within fourteen days after the date of the giving of the notification the Minister shall consider them.

(b) Whenever the Minister proposes to revoke a licence, he shall, before doing so, notify the person keeping the riding establishment to which it relates of his intention and of the reasons therefor, and

(i) if any representations are made by the person within thirty days after the date of the giving of the notification the Minister shall consider them, and

(ii) if the person makes a request to the Minister, within seven days after the date of the giving of the notification, for the holding of an inquiry in relation to the matter,

the Minister shall cause an inquiry to be held (unless, as a result of the consideration of representations made to him, the Minister has decided not to revoke the licence).

(c) Where an inquiry is held under this subsection, the Minister shall not revoke the licence until he has considered the report of the person holding the inquiry.

(d) The Minister shall appoint a person who is a practising barrister of at least ten years' standing to hold any inquiry under this subsection and the person so appointed shall have power to take evidence on oath which he is hereby authorised to administer and shall make a report to the Minister of his findings at the inquiry.

(e) The Minister shall give to the person who requested the holding of the inquiry notice of the time and place of the holding of the inquiry and the person shall be entitled to appear at the inquiry personally or by counsel or solicitor and to adduce evidence.

(f) There shall be paid to a person holding an inquiry under this subsection such remuneration as the Minister, with the consent of the Minister for Finance, may fix.

(4) Whenever the Minister revokes a licence, he shall cause a statement of his reasons for doing so to be laid before each House of the Oireachtas.