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Forfeiture of intoxicating liquor licence on conviction for drugs offence and disqualification for ever from holding such licence.
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17.—(1) Where a person who is the holder of an intoxicating liquor licence is convicted of a drug trafficking offence or of an offence under section 19 (1) (g) of the Act of 1977, a member of the Garda Síochána not below the rank of inspector may, notwithstanding any penalty imposed on the person, apply to the District Court to have the licence forfeited.
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(2) Upon an application under subsection (1), a judge of the District Court, where he or she is satisfied of the conviction of the licence-holder for a drug trafficking offence or an offence under section 19 (1) (g) of the Act of 1977, shall, unless the judge is of the opinion that there is good reason for not doing so, order that the licence be immediately forfeited.
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(3) Any person whose intoxicating liquor licence is forfeited under this section shall be disqualified for ever from holding any intoxicating liquor licence.
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(4) Where an intoxicating liquor licence is forfeited under this section and the person to whom the licence had been granted was the owner of the premises in respect of which the licence applied, that premises shall not again have an intoxicating liquor licence attached to it.
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(5) Where a licence is forfeited under this section and the holder of the licence was not the owner of the premises in respect of which the licence applied, that premises shall not again have such licence attached to it unless—
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(a) the offence in respect of which the holder of the licence was convicted took place elsewhere than on the premises to which the licence applied, or
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(b) the offence in respect of which the holder of the licence was convicted took place on the premises to which the licence applied, but the court is satisfied, on application by the owner, that the owner did not know and had no reason to suspect that the holder would use the premises in such a way that would give rise to such a conviction.
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(6) Any application under subsection (1) or (5) may be made at any time to the District Court for the licensing area in which the premises to which the licence relates is situate.
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