Abattoirs Act, 1988

Appeal against refusal or revocation of abattoir licence.

16.—(1) Whenever the Minister refuses to grant or renew, or revokes, an abattoir licence, the applicant for, or the holder of, such licence may, within 21 days after the date of the service of the notice of, as the case may be, the refusal or revocation, appeal to the Circuit Court against such refusal or revocation.

(2) Whenever the Minister refuses to grant or renew, or revokes, an abattoir licence in respect of premises which, at the time the Minister made his decision, were lawfully being used as an abattoir, such premises may, if the Minister is satisfied that there is no danger to public health, continue to be used as an abattoir—

(a) until the time for making an appeal has elapsed, or

(b) if an appeal is made, until such time as the appeal is first mentioned in the Circuit Court,

and thereafter the premises may be so used only by leave of the Circuit Court.

(3) Whenever, in accordance with subsection (2) of this section, a premises is continued to be used as an abattoir, notwithstanding the refusal or revocation of an abattoir licence in relation to that premises, the provisions of—

(a) this Act and the Regulations made thereunder,

(b) the Slaughter of Animals Act, 1935 ,

(c) the Bovine Diseases (Levies) Act, 1979 , and

(d) the Córas Beostoic agus Feola Act, 1979 ,

shall continue to apply to such premises as if such premises were a licensed abattoir.

(4) On the hearing of an appeal under this section, the Circuit Court may do whatever appears to it to be just and proper having regard to the provisions of this Act and the Regulations made thereunder and may either—

(a) dismiss the appeal, with or without costs, or

(b) allow the appeal, with costs, and direct the Minister to grant or renew the licence, or to cancel the revocation,

and the decision of the Circuit Court on an appeal under this section shall be final save that, by leave of that Court, an appeal shall lie to the Supreme Court on a point of law.

(5) On the hearing of an appeal under this section, the onus of establishing that the provisions of this Act in relation to the granting, renewal or continuing in force of a licence have been complied with shall lie on the person making the appeal.