Intoxicating Liquor Act, 1962

Restriction of section 4 of Act of 1902, sections 21 and 22 of Act of 1943 and sections 13, 14, 19 and 27 of Act of 1960.

20.—(1) An application to the Circuit Court under section 4 of the Act of 1902, section 21 or 22 of the Act of 1943 or section 13, 14 or 27 of the Act of 1960 (which sections relate to the grant of new licences in certain circumstances upon the extinguishment of existing licences) shall not be allowed if the licence, or either of the licences, as the case may be, that would fall to be extinguished if the application were allowed and a licence were granted in pursuance of the section under which the application is made is a licence granted by virtue of paragraph (2) of section 2 of the Act of 1902, or under section 18 of this Act.

(2) (a) An application to the Circuit Court under section 13 of the Act of 1960 shall not be allowed in respect of premises situate less than one mile measured by the shortest public thoroughfare from premises in respect of which there is in force a licence that was first granted on or before the 4th day of July, 1960, and is of the same character as the licence that would fall to be granted if the application were allowed.

(b) For the purposes of this subsection all on-licences shall be deemed to be licences of the same character.

(3) An application under section 19 (which relates to applications to the District Court to allow public bars in certain hotels) of the Act of 1960 shall not be allowed if the licence that would fall to be extinguished if the application were allowed is a licence granted under section 18 of this Act.

(4) The preceding subsections of this section shall not have effect as respects—

(a) an application notice of which was given, pursuant to rules of court, to the appropriate County Registrar or to the appropriate District Court Clerk before the commencement of this Act, or

(b) an application for the grant of a certificate entitling the applicant to receive a licence in respect of any premises on the hearing of which it is shown to the satisfaction of the Court that a declaration was made by the Court in respect of those premises under subsection (1) of section 15 of the Act of 1960 before the commencement of this Act or that notice of an application for such a declaration was given, pursuant to rules of court, to the appropriate County Registrar or to the appropriate District Court Clerk before the commencement of this Act, and that such declaration was made (whether before or after such commencement).