Intoxicating Liquor Act, 1943

Grant of a new licence in respect of certain restaurant, etc., premises.

20.—(1) Where a person (in this section referred to as the applicant) duly gives notice of his intention to apply for a licence in respect of specified premises and, at the proceedings in the Circuit Court in relation to such application, the applicant shows to the satisfaction of the Court—

(a) that the said premises are structurally adapted for use and are bona fide and mainly used as a restaurant, refreshment house, or other place for supplying substantial meals to the public, and

(b) that, in respect of the licensing year including the 1st day of January, 1933, a renewal of a licence attached to the said premises or to premises substantially the same as the said premises was in fact issued, and

(c) that, subsequent to the said date, the said licence was not renewed,

the Court shall, notwithstanding anything contained in the Act of 1902, cause such certificate as is mentioned in section 5 of the Act of 1833 to be given to the applicant declaring him to be duly entitled to receive a licence in respect of the said premises, unless the Court, in consequence of an objection made under section 4 of the Act of 1833, prohibits under that section the issuing of such licence on one or more of the following grounds, that is to say, the character, misconduct, or unfitness of the applicant or the unfitness or inconvenience of the said premises.

(2) Where, in a case to which the foregoing sub-section applies, the certificate referred to in that sub-section is given to the applicant, nothing contained in the Act of 1902 shall operate to prevent the grant to the applicant of the licence which the said certificate declares him to be entitled to receive.

(3) This section shall continue in force until the 31st day of December, 1944, and no longer, unless the Oireachtas otherwise determines.