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PART III.
Licensing.
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New Licences.
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Grant of new licence in rural area in substitution for two existing licences.
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13.—(1) Where a person (in this section referred to as the applicant) duly gives notice of his intention to apply for a licence in respect of premises (in this section referred to as the new premises) to which no licence is attached and, at the proceedings in the Court in relation to such application, the applicant shows to the satisfaction of the Court that—
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(a) in respect of each of two premises (in this section referred to as the existing premises) a licence is in force and in respect of each licence either—
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(i) the applicant is the holder thereof, or
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(ii) if he is not the holder thereof he has procured the consent of the holder thereof to the extinguishing of the licence if and when a licence in respect of the new premises is granted to the applicant pursuant to this section,
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(b) the licences (in this section referred to as the old licences) attached to the existing premises are of the same character,
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(c) the rateable valuation of the new premises is not less than ten pounds, and
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(d) the new premises are not situate in a county or other borough, an urban district or a town,
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the Court shall, notwithstanding anything contained in the Act of 1902, cause a certificate to be given to the applicant entitling him to receive a licence in respect of the new premises, unless the Court in its absolute discretion prohibits the issuing of the licence—
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(I) on the ground of the character, misconduct or unfitness of the applicant, the unfitness or inconvenience of the new premises or the number of previously licensed premises in the neighbourhood, or
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(II) on the ground that the existence of a licence for the new premises would be unreasonably detrimental to the business then carried on in some premises licensed for the sale by retail of intoxicating liquor in the neighbourhood.
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(2) (a) The licence granted in pursuance of this section shall be of the same character and be subject to the same conditions as the licences attached to the existing premises.
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(b) Nothing in the Act of 1902 shall prevent the grant of the new licence.
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(c) Upon the grant of the new licence, the licences attached to the existing premises (in this section referred to as the old licences) shall be extinguished.
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(d) Any conviction which became recorded on either of the old licences under section 25 of the Act of 1927 at a time (if any) when the applicant was the holder of the licence and which is still recorded thereon at the time of the grant of the new licence by the Revenue Commissioners shall be deemed to be recorded on the new licence under that section and to have been so recorded on the date when it became recorded on the old licence, provided that if more than two convictions are so recorded on the old licences, only the latest two shall be deemed to be recorded on the new licence.
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(e) Upon the grant of the new licence, the existing premises shall, for the purposes of the Act of 1902, be deemed never to have been licensed.
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