Intoxicating Liquor Act, 2000

PART 4

Issue, Upgrading and Transfer of Licences

New licences.

18.—(1) Where a person (in this section referred to as “the applicant”) duly gives notice of his or her intention to apply for a licence (in this section referred to as a “new licence”) in respect of premises to which a full licence was never attached and, at the proceedings in relation to the application, the applicant shows to the satisfaction of the Court that—

(a) a licence (in this section referred to as “an existing licence”) is in force in respect of other premises,

(b) either—

(i) the applicant is the holder of the existing licence, or

(ii) the holder of the existing licence will consent to its extinguishment if and when a new licence is granted to the applicant under this section,

and

(c) the existing licence is a full licence or a licence of the same character as the new licence,

the Court shall, notwithstanding anything contained in the Act of 1902, cause a certificate to be given to the applicant entitling him or her to receive a licence in respect of the new premises, unless the Court prohibits the issuing of the licence on the ground of—

(i) the character, misconduct or unfitness of the applicant,

(ii) the unfitness or inconvenience of the new premises,

(iii) their unsuitability for the needs of persons residing in the neighbourhood, or

(iv) the adequacy of the existing number of licensed premises of the same character in the neighbourhood.

(2) On the grant of the new licence—

(a) the existing licence shall be extinguished;

(b) any conviction which became recorded on the existing licence under section 25 of the Act of 1927 when the applicant was the holder of the licence and which is still recorded thereon at the time of the grant of the new licence by the Revenue Commissioners shall be deemed to be recorded on the new licence under that section and to have been so recorded on the date when it became recorded on the existing licence;

(c) the premises to which the existing licence was attached shall, for the purposes of the Act of 1902, be deemed never to have been licensed.

(3) Sections 15 (declaration as to fitness and convenience of proposed licensed premises) and 17 (certification of premises the subject of such a declaration) of the Act of 1960 shall have effect, with any necessary modifications, in relation to premises which a person proposes to acquire, construct or alter and in respect of which the person proposes to apply under this section to the Circuit Court or the District Court, as may be appropriate, for the grant of a certificate entitling him or her to receive a licence.

(4) Sections 3 and 4 of the Act of 1902 and section 13 of the Act of 1960 (which provisions relate to the grant of new licences in certain circumstances) are repealed.

(5) Subsection (4) shall not have effect in respect of—

(a) an application for a declaration in respect of proposed licensed premises under section 15(1) of the Act of 1960—

(i) of which notice was given pursuant to rules of court to the appropriate county registrar or district court clerk before the commencement of this section, and

(ii) in relation to which such a declaration was made (whether before or after such commencement),

or

(b) an application for the grant of a certificate entitling the applicant to receive a licence under section 3 or 4 of the Act of 1902 or section 13 of the Act of 1960—

(i) of which notice was given pursuant to rules of court to the appropriate county registrar or district court clerk before the commencement of this section, or

(ii) on the hearing of which it is shown to the satisfaction of the Court that a declaration was made by the Court under section 15(1) of the Act of 1960 before such commencement in respect of the premises concerned.