S.I. No. 15/1929 - Intoxicating Liquor (Reduction of Licences) Rules, 1929.

STATUTORY RULES AND ORDERS. 1929. No. 15.

INTOXICATING LIQUOR (REDUCTION OF LICENCES) RULES, 1929.

INTOXICATING LIQUOR ACT, 1927 .

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:

AND WHEREAS by order dated the 29th September, 1928, the Minister for Justice made rules entitled the Intoxicating Liquor (Reduction of Licences) Rules, 1928:

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:—

I. These rules may be cited as the Intoxicating Liquor (Reduction of Licences) Rules, 1929, and shall come into operation on the date hereof.

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

III. The Intoxicating Liquor (Reduction of Licences) Rules, 1928. are hereby revoked.

IV. Upon the receipt by the Registrar to the Compensation Authority 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. Such notice shall be sent to the holder of the licence seven days at least before the date of such hearing.

V. When the Compensation Authority shall have determined that the licence, the subject of the hearing, should be abolished, the Order to be made by the Compensation Authority shall be in accordance with such modification of Form "A" in the Schedule hereto as may be suitable.

VI. When the Compensation Authority shall have determined that the licence, the subject of the hearing, should not be abolished, the Order to be made by the Compensation Authority shall be in accordance with such modification of Form "B" in the Schedule hereto as may be suitable.

VII. Notice of the making of an Abolition Order shall be in accordance with such modification of Form "C" in the Schedule hereto as may be suitable, and shall be sent by the Registrar to the Compensation Authority one month at least before the date fixed for the assessing of compensation in respect of the licence to which such Order relates to the persons and in the manners following, namely:—

(a) To the State Solicitor of the County in which is situate the Courthouse in which the sittings of the District Court for the transaction of licensing business for the licensing area comprising the premises to which such licence is attached are for the time being usually held, by registered post.

(b) To the Chief Superintendent of the Gárda Síochána for the Division in which the said premises are situate, by registered post.

(c) To the holder of the said licence, by registered post.

(d) To the holders of licences in respect of premises in the licensing area in which are situate the premises to which such licence is attached by one insertion in the Iris Oifigiúil and in a newspaper circulating in the said Licensing Area.

VIII. Compensation Orders made under Section 42 of the Act shall be in accordance with such modification of Form "D" in the Schedule hereto as may be suitable.

IX. An Allocation Order to be made under Section 43 of the Act shall be in accordance with such modification of Form "E" in the Schedule hereto as may be suitable. The payment Schedule to be set forth in the said Order shall before presentation to the Compensation Authority for determination be submitted to the Registrar to the Compensation Authority for his approval, and shall be vouched before him by such documents and proofs of title as he may direct.

X. Applications for unemployment gratuities under Section 46 of the Act shall be addressed to the Registrar to the Compensation Authority for the Licensing Area and shall be in accordance with such modification of Form "F" in the Schedule hereto as may be suitable.

XI. The Registrar to the Compensation Authority shall send by prepaid post notice in Form "G" in the Schedule hereto, of the making of an application for an unemployment gratuity and of the date and place fixed for the hearing and determination thereof to each holder of a licence in the Licensing Area comprising the premises of which the licence has been abolished, and to the State Solicitor of the County in which is situate the Courthouse in which the sittings of the District Court for the transaction of Licensing business for the Licensing Area comprising the said premises, such notice shall be sent fourteen days at least before the date of hearing to the applicant.

XII.—Orders of the Compensation Authority granting unemployment gratuities shall be in accordance with such modification of Form "H" in the Schedule hereto as may be suitable.

Given under My Seal of Office, this 6th day of

April, 1929.

(Signed), JAMES FITZGERALD-KENNEY,

Minister for Justice.

SCHEDULE.

FORM "A."

SAORSTÁT EIREANN.

INTOXICATING LIQUOR ACT, 1927 .

County of...............................................Licensing Area of ...............................................

Licence Holder ............................................................ ......................................................

Licensed Premises situate at ............................................................ ....................................

I,......................................................, being the Compensation Authority under the Intoxicating Liquor Act, 1927 (No. 15 of 1927), for the County and Licensing Area above-mentioned, having read the Reference Order made in this behalf by Mr. ..................

(Acting) Justice of the District Court, and having heard what was urged by Mr. .................

on behalf of the Gárda Síochána, and by Mr. ..............................on behalf of ...................

the said licence holder, and having heard the evidence adduced,

Do Hereby Order that the said licence be abolished as from the 30th day of September, 19.., and I do further direct that compensation in respect of the said abolition be assessed by the Compensation Authority at........................ on the ......... day of ............................ at the hour of ............ in the forenoon.

Dated this .............................. day of..............................................., 19.......

Compensation Authority.

FORM "B."

SAORSTÁT EIREANN.

INTOXICATING LIQUOR ACT, 1927 .

County of.................................... Licensing Area of .........................................................

Licence Holder ............................................................ ....................................................

Licensed Premises situate at ............................................................ .................................

I,....................................., being the Compensation Authority under the Intoxicating Liquor Act, 1927 (No. 15 of 1927), for the County and Licensing Area above-mentioned, having read the Reference Order made in this behalf by Mr...................................... (Acting) Justice of the District Court, dated this ......... day of..........................., 19......., and having heard what was offered by Mr. ................................................ on behalf of the Gárda Síochána, and by Mr. ................................ on behalf of .......................................... the said licence holder, and having heard the evidence adduced,

Do Hereby Order that the application for the abolition of the said Licence be refused.

Dated this ......... day of...................................., 19.......

Compensation Authority.

FORM "C."

SAORSTÁT EIREANN.

INTOXICATING LIQUOR ACT, 1927 .

Notice is hereby given, that His Honour Judge...................................., sitting at....................................on........................................, 19..., as Compensation Authority, made Orders for the abolition of the licences attached to the premises described in Columns 1, 2 and 3 hereunder, and appointed the dates and places shown in Columns 4 and 5 hereunder for the Sittings to fix the amount of the Compensation in respect of the abolition of the licences to which the said Orders relate.

.........................day of ............................................................ ................, 19 ................... .

County Registrar.

FORM "D."

SAORSTÁT EIREANN.

INTOXICATING LIQUOR ACT, 1927 .

County of........................................... Licensing Area of ......................................................

Licence Holder ............................................................ .........................................................

Licensed Premises situate at ............................................................ .....................................

I, ................, being the Compensation Authority under the Intoxicating Liquor Act, 1927 (No. 15 of 1927), for the County and Licensing Area above-mentioned, having heard what was offered by Mr. ........................................, on behalf of..........................................., the said licence holder, and by Mr. ..............................on behalf of......................., being persons claiming to be entitled to receive compensation, and by Mr. ............................................., on behalf of..............................................., a Licence Holder in the said Licensing Area, and by Mr. .................................... (instructed by..........................., State Solicitor) on behalf of the Attorney-General of Saorstát Eireann, do hereby, in accordance with the provisions of the said Act, fix the compensation payable in respect of the occupation interest in the above-mentioned licensed premises, the licence attached to which was duly abolished by Abolition Order dated the ............... day of............................, 19 ......, at the sum of £.........., and I do further fix the compensation payable in respect of the interest of the immediate lessor in the said premises at the sum of £..........

Dated this......... day of...................................., 19......

Compensation Authority.

FORM "E."

SAORSTÁT EIREANN.

INTOXICATING LIQUOR ACT, 1927 .

County of........................................... Licensing Area of ......................................................

Licence Holder ............................................................ .........................................................

Licensed Premises situate at ............................................................ ......................................

I, ......................, being the Compensation Authority under the Intoxicating Liquor Act, 1927 (No. 15 of 1927), for the County and Licensing Area above-mentioned, having heard what was offered by Mr. ........................................... , do hereby determine that the compensation fixed by Order dated the ......... day of...................................., 19 ..., and payable in respect of the abolition of the licence attached to the premises above-mentioned, be paid to the persons and in the proportions set forth in the Payment Schedule hereto attached.

Dated this................... day of............................................................ , 19 ......

Compensation Authority.

PAYMENT SCHEDULE.

FORM "F."

SAORSTÁT EIREANN.

INTOXICATING LIQUOR ACT, 1927 .

APPLICATION FOR UNEMPLOYMENT GRATUITY.

To The Registrar to the Compensation Authority,

Court House, ...................................

I, ........................................................, of............................................................ ...... beg to apply for an unemployment gratuity.

I was in the employment of ............................................................ ............., the holder of the licence attached to premises at ............................................................ ............. during the period............................................................ .to...........................................................

I was employed by the said.................................................solely or mainly in connection with his licensed business at......................................

I was paid at the rate of.............................................

The licence attached to the premises at ............................................. was abolished on the 30th September, 19.......

I was discharged by the said ........................... on the ......day of........................... 19...,

as the direct and immediate result of the abolition of the said licence.

I was unemployed from the date of discharge until.................................., notwithstanding that I made reasonable efforts to secure employment.

Signed ...............................................

FORM "G."

SAORSTÁT EIREANN.

INTOXICATING LIQUOR ACT, 1927 .

County of....................................... Licensing Area of ..........................................................

Notice is hereby given, that....................................of.......................... has applied for an unemployment gratuity in respect of unemployment resulting from the abolition of the licence held by ............................................. for premises at................................................

The application will be heard and determined at the Court House of ..........................................., on the ......... day of.............................. 19 ......

County Registrar.

FORM "H."

SAORSTÁT EIREANN.

INTOXICATING LIQUOR ACT, 1927 .

County of................................................. Licensing Area of ...............................................

In the Matter of the Intoxicating Liquor Act, 1927 , and of an application from..........................................................., of ............................................................ ...,

for an unemployment gratuity in respect of his discharge as the result of the abolition of the licence formerly attached to premises situate at............................................................ ...

I, .............................................. , being the Compensation Authority under the Intoxicating Liquor Act, 1927 (No. 15 of 1927), for the County and Licensing Area above-mentioned, having heard what was urged by........................................., on behalf of the applicant, and Mr. ........................., on behalf of.........................................., the holder of a licence situate in the said Licensing Area, and Mr. ............................., on behalf of the Attorney-General of Saorstát Eireann, and on hearing the evidence adduced, do hereby, in accordance with the provisions of the said Act, award an unemployment gratuity of £ ......... to the said....................................

Dated this ......... day of..................................., 19......

Compensation Authority.