|
|
Revocation of public dancing or public music and singing licence on conviction for drugs offence and disqualification for ever from holding such licence.
|
3.—(1) Where a person who is the holder of a public dancing licence or a public music and singing 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 revoked.
|
|
| |
(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 revoked.
|
|
| |
(3) Where a licence is revoked under this section, the person to whom the licence had been granted shall be disqualified for ever from holding a public dancing licence or a public music and singing licence, as appropriate.
|
|
| |
(4) Where a licence is revoked under this section and the person to whom the licence had been granted was the owner of the place in respect of which the licence applied, that place shall not again have such licence attached to it.
|
|
| |
(5) Where a licence is revoked under this section and the holder of the licence was not the owner of the place in respect of which the licence applied, that place shall not again have such licence attached to it unless—
|
|
| |
(a) the offence in respect of which the holder of the licence was convicted took place elsewhere than in the place to which the licence applied,
|
|
| |
or
|
|
| |
(b) the offence in respect of which the holder of the licence was convicted took place in the place 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 place in such a way that would give rise to such a conviction.
|
|
| |
(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 place to which the licence relates is situate.
|
