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Upgrading of certain other licences.
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20.—(1) This section applies to premises which were first licensed under section 2(2) of the Act of 1902 on or before 4 July, 1960.
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(2) Where, in respect of premises to which this section applies—
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(a) no order under section 19 (public bars in hotels in certain cases) of the Act of 1960 was made,
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(b) the District Court, on application to it by a person who or whose predecessor in title was the holder of a licence in respect of the premises, is satisfied that, at any time within the period of 5 years immediately before the commencement of this section, the person or his or her predecessor in title carried on business in the premises as if the premises were an hotel, and
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(c) the Court by order declares that it is so satisfied,
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the licence shall thereupon be deemed, for all the purposes of the Acts, to be a licence in respect of which an order under the said section 19 was made, and the Revenue Commissioners shall renew the licence accordingly.
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(3) Where—
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(a) the District Court, on application to it by a person who or whose predecessor in title was the holder of a licence (other than a full licence) in respect of premises to which this section applies, is satisfied that, at any time within the period of 5 years immediately before the commencement of this section, the person or his or her predecessor in title carried on business in the premises at that time as if the licence were a full licence, and
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(b) the Court by order declares that it is so satisfied,
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the licence shall thereupon be deemed, for all the purposes of the Acts, to be a full licence, and the Revenue Commissioners shall renew the licence accordingly, subject to the conditions set out in subsection (4).
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(4) The conditions referred to in subsection (3) are that the person referred to in that subsection—
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(a) pays £2,500 to the Revenue Commissioners,
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(b) undertakes—
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(i) not to dispose of the premises as a licensed premises,
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(ii) not to transfer the full licence, or
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(iii) consent to its extinguishment,
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for reward within the period of 5 years after the date of the first issue of the licence as a full licence.
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(5) The sum payable under subsection (4)(a) is in addition to and not in substitution for any sum payable on the licence under section 43 of the Act of 1910.
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(6) In the register kept by district court clerks of licences in respect of premises situated within their court area there shall be entered a statement, in relation to any licence issued under this section in respect of any such premises, to the effect that, subject to subsection (7), the premises may not be disposed of, or the full licence transferred, or consent given to its extinguishment, for reward within the period of 5 years after the date of the first issue of the licence as a full licence.
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(7) Notwithstanding paragraph (b) of subsection (4), the District Court may waive or modify compliance with the undertaking mentioned in that paragraph if compliance with it would cause hardship to the licensee.
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