Refreshment Houses (Ireland) Act, 1860

Proceedings on first application for a foreign wine licence by a person licensed to keep a refreshment house.

13. If any person licensed to keep a refreshment house shall be desirous of selling foreign wine by retail to be consumed therein, he shall, previously to the granting to him for the first time of a licence for that purpose, fill up and sign a requisition for such licence in such form as the Commissioners of Inland Revenue shall provide in that behalf, specifying therein the true christian and surname and place of abode of the applicant, the description and situation of the house for which the licence is required, and the net annual value of such house, according to the valuation thereof last made for poor law purposes under the laws then in force; and such requisition, together with two copies thereof, shall be delivered to the supervisor of Excise for the district in which such refreshment house is situate, who shall forthwith deliver or transmit by post one of such copies, together with a notice to the effect herein-after mentioned, to the sub-inspector of constabulary of the district, or in his absence to the head constable, and the other of such copies to the clerk of petty sessions for the district within which such refreshment house is situate; or, if such refreshment house is situated within the police district of Dublin Metropolis, the supervisor of Excise shall deliver or transmit by post in like manner one of such copies, together with a notice to the effect herein-after mentioned, to the superintendent of police for the division in which such refreshment house is situate, and the other of such copies to the clerk of the divisional justices in the police district of Dublin Metropolis; and each such copy shall be accompanied by a notice to such sub-inspector and justices respectively, signed by the said supervisor, to the effect that a licence to retail wine will be granted pursuant to such requisition on or immediately after a day to be specified in such notice, not less distant than thirty days from the day of the delivery or transmission of the same, unless in the meantime notice in writing, signed by a justice or justices in petty sessions, or by a divisional justice or justices, as the case may be, shall be received by the said supervisor to the effect that the justice or justices, as the case may be, doth or do object to the granting of the said wine licence on one or more of the grounds hereinafter mentioned, specifying the same, that is to say, that the house for which such licence is required is not a confectioner's shop or an eating house within the meaning of this Act, or not of the annual value required by this Act, or that it is a disorderly house, or a house frequented by prostitutes or other disorderly persons, or that it is adjudged disqualified for the sale of wine therein, or that the applicant is a member of an unlawful society, or is disqualified from selling wine under the provisions of this Act, specifying the grounds of such disqualification respectively, or that the applicant has within three years been convicted of any offence punishable by imprisonment, or that the applicant having within three years held a licence to keep a common inn, alehouse, or victualling house, or being licensed as a grocer to sell spirits, has forfeited or been refused a renewal of such licence; and if such notice of objection shall be received by the said supervisor within the time limited as aforesaid the said licence shall not be granted; but if otherwise, and no such caveat as herein-after mentioned be received by the said supervisor, then such licence shall be granted on payment of the duty by this Act charged thereon, provided the applicant shall be entitled to such licence under the provisions of this Act in other respects.