Courts (No. 2) Act, 1986

Grant of renewal of intoxicating liquor licences without court certificates.

4.—(1) In this section—

“the Act of 1902” means the Licensing (Ireland) Act, 1902 ;

“the Act of 1927” means the Intoxicating Liquor Act, 1927 ;

“the Act of 1952” means the Tourist Traffic Act, 1952 ;

“the Act of 1960” means the Intoxicating Liquor Act, 1960 ;

“licence” means a licence for the sale of intoxicating liquor for the grant of which the production of a certificate of the District Court or the Circuit Court (as the case may be) is required.

(2) Subject to subsection (5) of this section, where a renewal is required of a licence for premises which have been licensed in the immediately preceding year, it shall not be necessary to produce a certificate of the District Court to an officer of the Revenue Commissioners empowered to grant a renewal of such a licence.

(3) Where a renewal of a licence is granted by an officer of the Revenue Commissioners and false or misleading information was given to the Commissioners in support of the application for such grant, the applicant shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £300.

(4) Where the applicant is convicted of an offence under subsection (3) of this section or where there was a failure to comply with subsection (11) of this section, the District Court may order that the licence be forfeited.

(5) Notwithstanding subsection (2) of this section, a licence shall not be renewable on expiry without the production of a certificate of the District Court for the district court area within which the premises concerned are situate where—

(a) a notice of objection to such renewal has been lodged with the Court within the time prescribed in rules of court, or

(b) the licence is one which is renewable by virtue of the provisions of section 30 (1) (b) of the Act of 1960, or

(c) it is proposed to insert a condition in the licence in pursuance of section 8 or section 9 of the Act of 1927.

(6) An objection to the renewal of a licence may be made by any person who, but for the passing of this Act, would have been authorised to object to the grant of a certificate required for the renewal of a licence in respect of the premises; and any such objection shall be deemed to be an objection to the grant of the certificate required by subsection (5) of this section.

(7) Subject to subsection (8) of this section the certificate required by subsection (5) of this section shall be as to—

(a) the good character of the licensee,

(b) the peaceable and orderly manner in which the licensed premises were conducted in the year ending on the expiry of the licence, and

(c) in the case of premises licensed by virtue of Chapter III of Part VI of the Act of 1952, the orderly manner in which the holiday camp (within the meaning of that Chapter) in which the premises are situate was conducted in the year ending on the expiry of the licence.

(8) In the case of a renewal of a licence pursuant to the provisions of section 30 (1) (b) of the Act of 1960, the certificate required by subsection (5) of this section shall be as to—

(a) the good character of the applicant, and

(b) where business has been conducted in the premises concerned at any time during the year ending on the expiry of the licence, the peaceable and orderly manner in which the premises were conducted.

(9) Notwithstanding subsection (2) of this section, a licence for an hotel, being a licence—

(a) in respect of which effect was given to section 42 (1) of the Act of 1952, or

(b) which was granted after the passing of the Act of 1960, by virtue of paragraph (2) of section 2 of the Act of 1902,

shall not be renewable on expiry without the production to the Revenue Commissioners of a certificate that the hotel in respect of which the licence was granted is registered in the register of hotels kept by Bord Fáilte Éireann.

(10) An officer of the Revenue Commissioners empowered to grant a renewal of a licence shall not grant the renewal of a licence to which section 2 of the Beer Licences Regulation (Ireland) Act, 1877 , applies without the production of a statutory declaration that the conditions in that section concerning the rateable valuation of the premises which are the subject of the licence have been met, and that such premises have been in the exclusive occupation of the licence-holder for at least three months preceding the date of application for renewal.

(11) In applying for a renewal of a licence, the applicant shall inform the Revenue Commissioners of the following, where applicable:

(a) that section 30 of the Act of 1960 applies;

(b) that he proposes to apply to the District Court for the insertion of a condition in his licence in pursuance of section 8 or section 9 of the Act of 1927;

(c) that the licence is one in respect of which effect was given to section 42 (1) of the Act of 1952, or which was granted after the passing of the Act of 1960 by virtue of paragraph (2) of section 2 of the Act of 1902.