Licensing (Combating Drug Abuse) Act, 1997
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Shadow licence holder. |
21.—(1) A person who is disqualified from holding a relevant licence under any of the provisions of this Act shall be disqualified from being a shadow licence holder in relation to the operation of the licence. | |
(2) A disqualification under this section shall be for the same period as the person has been disqualified under a provision of this Act. | ||
(3) Where, upon an application by a member of the Garda Síochána not below the rank of inspector, a judge of the District Court is satisfied that a person, who is disqualified under subsection (1) from being a shadow licence holder in relation to the operation of a relevant licence, is a shadow licence holder in relation to the operation of the licence— | ||
(a) the holder of the licence shall, unless he or she can satisfy the judge that there is good reason for not doing so, be disqualified for ever from holding a relevant licence, | ||
(b) the person who is a shadow licence holder in relation to the operation of the licence shall, where he or she has not already been disqualified for ever under this Act from holding a relevant licence, be so disqualified, | ||
(c) the licence shall be immediately revoked (in the case of a public dancing licence or a public music and singing licence) or forfeited (in the case of an intoxicating liquor licence), and | ||
(d) subject to subsection (4), the place or premises in respect of which the licence applied shall not again have a relevant licence attached to it. | ||
(4) Where a public dancing licence or a public music and singing licence is revoked under paragraph (c) of subsection (3) and the person to whom the licence had been granted was not the owner of the place in respect of which the licence applied, the provisions of subsection (3) relating to such place shall not apply where, on application to the court by the owner, the court is satisfied that the owner did not know and had no reason to suspect that there was a shadow licence holder in relation to the operation of the licence who has been disqualified under subsection (1) from being a shadow licence holder in relation to the operation of a relevant licence. | ||
(5) Any application under subsection (3) or subsection (4) may be made at any time to the District Court for the licensing area in which the place or premises to which the licence relates is situate. | ||
(6) In this section— | ||
“director” includes a shadow director within the meaning of section 27 of the Companies Act, 1990 ; | ||
“relevant licence” means an intoxicating liquor licence, a public dancing licence or a public music and singing licence; | ||
“shadow licence holder”, in relation to the operation of a relevant licence, means a person who is not the holder of the licence but who— | ||
(a) by reason of any understanding, arrangement or direction in relation to any profit or gain from the operation of the licence, enjoys or is entitled to any such profit or gain, or | ||
(b) controls or conducts the activities under any such licence, either directly or indirectly, that is held by another person or a body corporate of which he or she is the director, manager, secretary or other officer. |