S.I. No. 66/1928 - Intoxicating Liquor (Reduction of Licences) Rules, 1928.


STATUTORY RULES AND ORDERS. 1928. No. 66.INTOXICATING LIQUOR ACT, 1927.

INTOXICATING LIQUOR (REDUCTION OF LICENCES) RULES, 1928.

WHEREAS by section 53 of the Intoxicating Liquor Act, 1927 , hereinafter referred to as the Act, it is enacted that the Minister for Justice may by order make Rules regulating the procedure of Compensation Authorities under Part IV. of the Act.

NOW I, JAMES FITZGERALD-KENNEY, Minister for Justice, in exercise of the powers conferred on me by section 53 of the Act and of all and any powers me in that behalf enabling do hereby make the following Rules:—

1.—These rules may be cited as the Intoxicating Liquor (Reduction of Licences) Rules, 1928, and shall come into operation on the date hereof.

2.—The Interpretation Act, 1923 (No. 46 of 1923) applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3.—Upon the receipt by the Registrar to the Compensation Authorities of a copy of a Reference Order pursuant to section 40, sub-section (4) of the Act the Registrar shall send by prepaid post to the holder of the licence, the subject of the Reference Order, notice of the date on which the Compensation Authority will sit to hear and determine the question whether the said licence should or should not be abolished. The notice shall be 7 days or such lesser time as the Compensation Authority may deem to be sufficient in the special circumstances of a given case.

4.—When the Compensation Authority determines that the licence, the subject of the hearing, should be abolished, the Order to be made by the Compensation Authority shall be in Form A attached hereto, or in such modification thereof as may be suitable.

5.—When the Compensation Authority determines that the licence, the subject of the hearing, should not be abolished, the Order to be made by the Compensation Authority shall be in Form B attached hereto, or in such modification thereof as may be suitable.

Given under my Seal of Office this 29th day of September, 1928.

JAMES FITZGERALD-KENNEY,

Minister for Justice.

FORM A.

In the Matter of the Intoxicating Liquor Act, 1927 ,

and

In the Matter of the Licence of (insert name of licence holder)

attached to premises at (insert situation of premises) referred

to the Compensation Authority.

This matter coming on for hearing this day whereupon on reading the Reference Order made in this behalf by Mr...................................................(Acting) Justice of the District Court dated the............day of...................19......, and on hearing what was urged by..............................on behalf of the Gárda Síochána and by Mr..........................................on behalf of the said (insert name of licence holder) and on hearing the evidence adduced,

IT IS HEREBY ORDERED THAT the said licence be abolished as from the 30th day of September, 19......, and It Is Hereby Directed that Compensation in respect of the said abolition be assessed by the Compensation Authority at the Courthouse at...........................................on the...................................day of.................................at the hour of....................in the forenoon.

AND IT IS HEREBY FURTHER DIRECTED that service of this Order be effected by the Registrar to the Compensation Authority on—

(a) The Attorney-General of Saorstát Eireann;

(b) The said (insert name of licence holder);

(c) The Chief Superintendent of Gárda Síochána for the County of....................., all by Registered Letter; and

(d) on the persons holding licences in the Licensing Area wherein aforesaid premises are situate, and on all parties claiming to be entitled to receive any portion of the Compensation to be awarded by—

(i) Notice, pursuant to Sec. 41 SS. (6) of the aforementioned Act, in Iris Oifigiúil, and

(ii) By one advertisement in (insert local newspaper).

....................................Circuit Judge.

........................................Court Registrar.

FORM B.

In the Matter of the Intoxicating Liquor Act, 1927 ,

and

In the Matter of the Licence of (insert name of licence holder) attached to premises at (insert situation of premises) referred to the Compensation Authority.

This matter coming on for hearing this day whereupon on reading the Reference Order made in this behalf by Mr. ...........................(Acting) Justice of the District Court dated the............... day of...........................19 ......, and on hearing what was urged by........................... on behalf of the Gárda Síochána and by Mr............................... on behalf of the said (insert name of licence holder) and on hearing the evidence adduced.

IT IS HEREBY ORDERED that the application for the abolition of the said Licence be refused.

....................................Circuit Judge.

....................................County Registrar.