Tourist Traffic Act, 1952

Licensing of hotel.

42.—(1) If, on the hearing of an application for a certificate entitling the applicant to a licence for the sale of intoxicating liquor in respect of an hotel, it is shown to the satisfaction of the Court that the premises have been constructed or altered in substantial accordance with the terms of a declaration under section 41 and are registered in the register of hotels kept by the Board, the Court shall not receive any objection to the application grounded upon the unfitness or inconvenience of the premises or the number of previously licensed houses in the neighbourhood.

(2) An application for a certificate for the renewal of a licence for premises, in respect of which effect was given to subsection (1), shall not be granted unless it is shown to the satisfaction of the Court—

(a) that the premises are registered in the register of hotels kept by the Board, and

(b) in the case of every such application other than that made in the year following the year in which effect was given to the said subsection (1), that the excise duty payable under the Finance (1909-10) Act, 1910 , on the current licence was a reduced duty under section 45 of that Act, and that the Revenue Commissioners are satisfied that the receipts from the sale of intoxicating liquor were in the preceding year for the purposes of that section less than one-third of the total receipts in that year from the business of all descriptions carried on by the licence-holder in the premises.

(3) A certificate purporting to be under the hand of an officer of the Revenue Commissioners authorised in that behalf by the Commissioners that the Commissioners are satisfied as aforesaid shall be evidence that they are so satisfied, without further proof.