Intoxicating Liquor Act, 1927


Miscellaneous and General.

Continuance of licence pending appeal to Circuit Court.

60.—(1) Whenever the Justice of the District Court shall refuse an application for a certificate for a transfer or a renewal of any licence for the sale of intoxicating liquor by retail and the applicant for such certificate shall lawfully appeal against such refusal to the Circuit Court and shall prosecute such appeal with due diligence, such licence shall subject to the provisions of this section continue in full force and effect until the first opportunity on which such an appeal could be heard by the Circuit Court and, if that Court shall so direct, for such further time (if any) as shall elapse before the final determination of such appeal.

(2) A licence shall not continue in force under the foregoing sub-section after the expiration of the term for which the same was granted unless, on or before such expiration, the appellant deposits with the proper officer of customs and excise the amount of the excise duty chargeable on a renewal of such licence.

(3) Moneys deposited with an officer of customs and excise under the foregoing sub-section shall, if the refusal which is the subject of the appeal is confirmed by the Circuit Court, be repaid on such confirmation to the appellant by whom the same were deposited less such part thereof as bears to the whole of the moneys so deposited the same proportion as the time during which such licence has been continued in force by virtue of sub-section (1) of this section bears to one year, and, if such refusal is reversed by the Circuit Court, shall be applied in or towards the discharge of the excise duties payable in respect of the said licence.