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Amendment of sections 21, 22 and 31 of the Act of 1943.
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26.—(1) Notwithstanding anything contained in sections 21 or 31 of the Act of 1943 (which sections relate to the grant of licences in respect of more convenient premises and the transfer of beerhouse licences), where the person making an application under either of those sections is not the holder of the licence to be extinguished or transferred under the section but shows to the satisfaction of the Court hearing the application that he has procured the consent of the holder thereof to the extinguishing or transfer thereof, as the case may be, the application shall not be refused on the ground that the person making it was not the holder of the licence to be extinguished or transferred and the said sections shall be construed and have effect accordingly.
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(2) Subsection (1) of section 22 (which relates to the grant of new licences in respect of premises substituted for destroyed premises) of the Act of 1943 is hereby amended by—
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(a) the substitution in paragraph (a) of “two years” for “twelve months”, and
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(b) the insertion in paragraph (c) after “remains thereof” of “or that he has procured the consent of the lawful occupier of such premises or of the site and remains thereof to the making of the application, and if the licence referred to in paragraph (b) of this subsection is then subsisting, to the extinguishing thereof if and when a licence is granted pursuant to this section”.
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(3) (a) A conviction recorded on a licence transferred under the said section 31 shall, upon such transfer, cease for all purposes to be so recorded and shall be deemed never to have been so recorded.
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(b) Where a new licence is granted to any person pursuant to an application under the said section 21 or the said section 22, a conviction recorded on the licence extinguished pursuant to the application (not being a conviction which became so recorded at a time, if any, when that person was the holder thereof) shall, notwithstanding anything contained in the said sections, not be deemed to be recorded on the new licence and the said sections shall be construed and have effect accordingly.
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