Betting Act, 1931

Grounds for refusal of certificate of suitability of premises.

11.—(1) A certificate of suitability of premises may be refused on any one or more of the following grounds and on no other ground whatsoever, that is to say:—

(a) that the applicant is neither a licensed bookmaker nor the holder of a certificate of personal fitness;

(b) that the applicant is not the proprietor of the premises;

(c) that the premises are in close proximity to a place of worship, a religious institution, a school, an employment exchange, a factory or works, or other similar place in or near which large numbers of persons congregate, or are situate in a residential area;

(d) that the premises are in close proximity to premises known to be resorted to habitually by evilly-disposed persons;

(e) that the premises communicate internally with other premises;

(f) that the premises had previously been registered in the register of bookmaking offices kept under this Act or under the Betting Act, 1926 , and had been removed from that register pursuant to an order of the court;

(g) that the premises are registered in the register of bookmaking offices and during such registration or during the registration of such premises in the register of bookmaking offices kept under the Betting Act, 1926 , irregularities had occurred owing to the close proximity of the premises to premises licensed for the sale of intoxicating liquor;

(h) that the applicant had previously been convicted of an offence under this Act, the Betting Act, 1926 , or any other Act in relation to the premises or in relation to any other registered premises of which he was the registered proprietor at the time the offence was committed;

(i) if the premises are or had been previously registered in the register of bookmaking offices kept under this Act, or under the Betting Act, 1926 , that at some time while the applicant was the registered proprietor thereof the business of bookmaking had been conducted therein in a disorderly manner or in such manner as to cause or encourage persons to congregate and loiter in or outside the premises or that while the applicant was such registered proprietor he had permitted persons to loiter in such premises;

(j) that the applicant is or had previously been the registered proprietor of other registered premises and that the business of bookmaking is being or had while the applicant was such registered proprietor been conducted in such premises in a disorderly manner or in such manner as to cause or encourage persons to congregate and loiter in or outside the premises;

(k) if the application is in respect of premises which are not registered premises at the time the application is made, that there are already an excessive number of registered premises in the district in which the premises to which the application relates are situate;

(l) when the application is in respect of premises which did not before the 28th day of July, 1926, form part of premises licensed for the sale of intoxicating liquor, that the applicant is the holder of a licence for the sale of intoxicating liquor;

(m) if the application is in respect of premises which are not registered premises at the time the application is made, that the annual value under the Valuation Acts of such premises is, in the case of premises situate in the county borough of Dublin, less than fifteen pounds, in the case of premises situate in any other county borough, or in the borough of Dun Laoghaire, less than ten pounds, or in the case of premises situate elsewhere, less than five pounds;

(n) except in the case of an applicant who is at the passing of this Act the registered proprietor of the premises under the Betting Act, 1926 , and is continuously from the date of such passing up to and including the time of making the application the registered proprietor of the premises under the Betting Act, 1926 , or this Act, that such applicant is the holder of a pawnbroker's licence or is a registered moneylender.

(2) Where an application for a certificate of suitability of premises is made or intended to be made in respect of premises which are not separately valued under the Valuation Acts, the Commissioner of Valuation and Boundary Surveyor may, on the request of the person making or intending to make such application, divide the valuation of the hereditament or tenement of which such premises form part and place a separate value on each of the parts in the manner provided by the Valuation Acts, and there shall be paid in respect of the making of such division to the said Commissioner by the person on whose request such division was made the prescribed fee.

(3) Every fee paid to the Commissioner of Valuation and Boundary Surveyor under the foregoing sub-section shall be paid into or disposed of by him for the benefit of the Exchequer in such manner as the Minister for Finance shall direct.