Number 15 of 1927.

INTOXICATING LIQUOR ACT, 1927.

ARRANGEMENT OF SECTIONS

Preliminary.

Prohibited Hours.

Endorsement of Licences.

Reduction of Licences.

Clubs.

Miscellaneous and General.

Number 15 of 1927.

INTOXICATING LIQUOR ACT, 1927.

AN ACT TO AMEND AND IN PART CONSOLIDATE THE LAW RELATING TO THE SALE OF INTOXICATING LIQUOR, TO ENABLE THE NUMBER OF LICENCES FOR THE SALE OF INTOXICATING LIQUOR TO BE REDUCED BY THE ABOLITION FROM TIME TO TIME OF CERTAIN SUCH LICENCES, AND TO AMEND THE LAW RELATING TO THE REGISTRATION OF CLUBS. [20th May, 1927.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I. Preliminary.

Definitions and application. 1.—(1) In this Act (except in Part V thereof)—the expression “week day” means any day which is not a Sunday and is not Good Friday, Christmas Day, or Saint Patrick's Day;

the expression “ordinary week day” means any week day which is not a Saturday;

the word “Saturday” does not include a Saturday which is Christmas Day or St. Patrick's Day;

the expression “Saint Patrick's Day” does not include a Saint Patrick's Day which falls on a Sunday;

the word “Sunday” does not include a Sunday which is Christmas Day;

the expression “period of summer time” means a period appointed by or under the Summer Time Act, 1925 (No. 8 of 1925) to be a period of summer time;

the word “town” means and includes any town having Commissioners under the Towns Improvement (Ireland) Act, 1854 ;

the word “hotel” means licensed premises structurally adapted for use and bona fide used as a hotel or a hotel and restaurant and having not less than ten apartments set apart and exclusively used for the sleeping accommodation of travellers;

the word “restaurant” means licensed premises certified under this Act to be a restaurant for the purposes of this Act;

the word “theatre” means a theatre or place of public entertainment licensed for the sale of intoxicating liquor under section 7 of the Excise Act, 1835 ;

the expression “theatre licence” means a licence for the sale of intoxicating liquor granted under section 7 of the Excise Act, 1835 in respect of a theatre;

the expression “licensing area” means a district court area prescribed by law for the purposes of the transaction of licensing business, and when used in relation to licensed premises means the district court area as so prescribed in which the licensed premises are situate;

the expression “Justice of the District Court” when used in relation to licensed premises means the Justice of the District Court for the time being exercising jurisdiction in the licensing area in which the licensed premises are situate;

the expression “annual licensing district court” means the sitting of the District Court held pursuant to rules of court in a licensing area for the hearing of applications for certificates for renewals of licences for the sale of intoxicating liquor;

the expression “licensed premises” means (except in Part IV of this Act) premises in respect of which a licence for the sale by retaile of intoxicating liquor has been granted and is in force;

the expression “on-licence” means a licence for the sale of intoxicating liquor for consumption either on or off the premises;

the expression “off-licence” means a licence for the sale of intoxicating liquor for consumption off the premises; and

the expression “the Minister” means the Minister for Justice.

(2) For the purposes of the application of this Act (except Part V thereof) to the Dublin Metropolitan area, that area shall be deemed to be a county borough, and accordingly the provisions of this Act in relation to county boroughs shall apply to the whole of the Dublin Metropolitan area, and the provisions of this Act in relation to urban county districts shall not apply to any part of the said area.

PART II. Prohibited Hours.

Prohibited hours generally. 2.—(1) Save as is otherwise provided by this Act, it shall not be lawful for any person in any county borough to sell or expose for sale any intoxicating liquor or to open or keep open any premises for the sale of intoxicating liquor or to permit any intoxicating liquor to be consumed on licensed premises—

(a) on any ordinary week day, before the hour of ten o'clock in the morning, or after the hour of ten o'clock in the evening, or (subject to the exceptions hereinafter mentioned) between the hours of half-past two o'clock and half-past three o'clock in the afternoon, or

(b) on any Saturday, before the hour of ten o'clock in the morning or after the hour of half-past nine o'clock in the evening, or (subject to the exceptions hereinafter mentioned) between the hours of half-past two o'clock and half-past three o'clock in the afternoon, or

(c) on any Sunday before the hour of two o'clock in the afternoon or after the hour of five o'clock in the afternoon, or

(d) at any time on Christmas Day, Good Friday, or Saint Patrick's Day.

The exceptions referred to in paragraphs (a) and (b) of this sub-section are—

(i) that between the hours of half-past two o'clock and half-past three o'clock in the afternoon on any week day the holder of an on-licence attached to premises situate in a county borough may receive on such premises orders (accompanied or not accompanied by payment) by post, telegraph, or telephone but not otherwise for intoxicating liquor to be consumed off the premises and to be delivered by such holder at the residence of the person so ordering the same or at a railway station but not otherwise and may so deliver the intoxicating liquor so ordered, but the person so ordering such intoxicating liquor shall not for the purposes of any other section of this Act be a person to whom intoxicating liquor may be lawfully sold or supplied on such premises between the said hours on the said days, and

(ii) that between the hours of half-past two o'clock and half-past three o'clock in the afternoon on any week day the holder of an off-licence attached to premises situate in a county borough may receive verbally or otherwise on such premises orders (accompanied or not accompanied by payment) for intoxicating liquor to be consumed off the premises and to be delivered by such holder at the residence of the person ordering the same or at a railway station but not otherwise and may so deliver the intoxicating liquor so ordered and may open and keep open the said premises for the purpose of receiving such orders and may expose on such premises intoxicating liquor for sale on such orders.

(2) Save as is otherwise provided by this Act, it shall not be lawful for any person in any urban county district or town the population of which district or town according to the census which is for the time being the last census exceeds five thousand to sell or expose for sale any intoxicating liquor or to open or keep open any premises for the sale of intoxicating liquor or to permit any intoxicating liquor to be consumed on licensed premises—

(a) on any ordinary week day, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or

(b) on any Saturday, before the hour of ten o'clock in the morning or after the hour of half past nine o'clock in the evening, or

(c) at any time on any Sunday or on Christmas Day, Good Friday, or Saint Patrick's Day.

(3) Save as is otherwise provided by this Act, it shall not be lawful for any person in any place not being a county borough or such urban county district or town as is mentioned in the foregoing sub-section to sell or expose for sale or to open or keep open any premises for the sale of intoxicating liquor or to permit any intoxicating liquor to be consumed on licensed premises—

(a) on any ordinary week day—

(i) during a period of summer time, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or

(ii) during any time which is not a period of summer time, before the hour of nine o'clock in the morning or after the hour of nine o'clock in the evening, or

(b) on any Saturday—

(i) during a period of summer time before the hour of ten o'clock in the morning or after the hour of half past nine o'clock in the evening, or

(ii) during any time which is not a period of summer time, before the hour of nine o'clock in the morning or after the hour of nine o'clock in the evening, or

(c) at any time on any Sunday or on Christmas Day, Good Friday, or Saint Patrick's Day.

(4) Every person who shall sell or expose for sale any intoxicating liquor or open or keep open any premises for the sale of intoxicating liquor or permit any intoxicating liquor to be consumed on licensed premises in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty pounds or, in the case of a second or any subsequent offence, to a fine not exceeding forty pounds.

(5) Every reference in this Act to the provisions of this Act relating to prohibited hours shall be construed and have effect as a reference to the provisions of this section, and all references in this Act to prohibited hours or to times or hours in which the sale of intoxicating liquor is prohibited by this Act shall be construed as references to the hours during which the sale of intoxicating liquor is prohibited by this section.

Mixed trading. 3.—(1) Where any business other than the sale of intoxicating liquor (in this section referred to as non-licensed business) is carried on in any premises to which an on-licence is attached and the portion of such premises in which such non-licensed business is carried on is not structurally separated from the remainder of such premises, the opening or keeping open of such premises for the purpose of carrying on such non-licensed business shall for the purposes of this Act be deemed to be an opening or keeping open of such premises for the sale of intoxicating-liquor, save and except between the hours of nine o'clock and ten o'clock in the morning on week days.

(2) Where any non-licensed business is carried on in any premises to which an off-licence is attached and the portion of such premises in which such non-licensed business is carried on is not structurally separated from the remainder of such premises, the opening or keeping open of such premises for the purpose of carrying on such non-licensed business shall for the purposes of this Act be deemed to be an opening or keeping open of such premises for the sale of intoxicating liquor save and except in a county borough on week days between the hours of nine o'clock and ten o'clock in the morning and between the hours of half-past two o'clock and half-past three o'clock in the afternoon.

(3) This section shall not apply to any hotel, restaurant, theatre, or railway refreshment room or to any premises which are structurally adapted for holding dramatic performances, concerts, lectures, dances, cinematograph exhibitions, or other public entertainments and are bona fide used for the purpose of holding all or any such entertainments and for no other purpose except a restaurant.

General exemption orders. 4.—(1) The Justice of the District Court upon its being proved to his satisfaction that it is necessary or desirable so to do for the accommodation of any considerable number of persons attending any public market or fair or following any lawful trade or calling, may after hearing the officer in charge of the Gárda Síochána for the licensing area grant (if he so thinks fit) to any holder of an on-licence in respect of premises situate in the vicinity of such market or fair, or of the place where such persons follow such lawful trade or calling, an order (in this Act referred to as a general exemption order) exempting such holder from the provisions of this Act relating to prohibited hours in respect of the said premises on such days and during such times (except between the hours of one and two o'clock in the morning) and upon such terms as may be specified in such order.

(2) Every general exemption order shall contain as one of the terms thereof a condition that the holder thereof shall during every period of exemption supply on the premises to which the order relates food and non-alcholic drink at reasonable prices to any person demanding the same.

(3) The holder of a general exemption order shall, if and so long as he complies with the terms of such order, be exempt during every period of exemption from any penalty for contravention in respect of the premises to which the order relates of the provisions of this Act relating to prohibited hours but not from any other penalty under this or any other Act.

(4) The holder of a general exemption order shall during every period of exemption keep affixed in a conspicuous place on the outside of the premises to which such order relates a notice, in such form as shall be approved by the Justice of the District Court, stating the several periods of exemption specified in such order, and every holder of a general exemption order who fails to comply with the provisions of this sub-section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a penalty not exceeding five pounds.

(5) Every person who affixes or keeps affixed to his premises any notice falsely representing that he is the holder of a general exemption order or falsely stating the periods of exemption under a general exemption order of which he is the holder shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a penalty not exceeding ten pounds.

(6) The Justice of the District Court may at any time (if it seems fit to him) withdraw any general exemption order or alter the same by way of extension or otherwise as he shall deem necessary or expedient, but not so as to render any person liable to any penalty for anything done under such order before the holder thereof was informed of such withdrawal or alteration.

(7) No general exemption order shall be granted for any time on any Sunday or Saint Patrick's Day, Christmas Day or Good Friday.

(8) A general exemption order shall not be granted unless the applicant therefor has, not less than one week before making the application, served upon the officer in charge of the Gárda Síochána for the licensing area a notice of his intention to apply for the order setting out his name and address and the place, occasion and time for which the order is sought.

(9) In this section the word “holder” when used in relation to a general exemption order means the person to whom such order was granted under this section, and the expression “period of exemption” means a time during which the holder of a general exemption order is thereby exempted from the provisions of this Act relating to prohibited hours.

Special exemption orders. 5.—(1) If the holder of an on-licence for premises which are an hotel or a restaurant and are situate in a county borough applies to the Justice of the District Court for an order (in this Act referred to as a special exemption order) exempting him on any special occasion from the provisions of this Act relating to prohibited hours in respect of the said premises, such Justice may, if he thinks fit so to do after hearing the officer in charge of the Gárda Síochána for the licensing area, grant to the applicant upon such conditions as he thinks proper an order so exempting him during the hours and on the special occasion to be specified in such order.

(2) Any person to whom a special exemption order has been granted shall, if and so long as he complies with the conditions upon which the same has been granted, be exempt during the time to which such order applies from any penalty for contravention of the provisions of this Act relating to prohibited hours in respect of the premises to which the order relates but not from any other penalty under this or any other Act.

(3) No special exemption order shall be granted for any time on a Sunday.

(4) A special exemption order shall not be granted unless the applicant therefor has, not less than forty-eight hours before making the application, served upon the officer in charge of the Gárda Síochána for the licensing area a notice of his intention to apply for the order, setting out his name and address and the place, occasion, and time for which the order is sought.

Occasional licences. 6.—(1) In this section the expression “occasional licence” means an occasional licence granted under section 13 of the Revenue Act, 1862 and the several enactments amending that enactment, and the expression “licensing area” means the licensing area in which the place for which the occasional licence is desired is situate.

(2) The consent required by the said enactments for the granting of an occasional licence shall not be necessary but in lieu thereof no occasional licence shall be granted without the previous consent of the Justice of the District Court and such consent shall only be given by such Justice in open court and after hearing the officer in charge of the Gárda Síochána for the licensing area.

(3) The consent of the Justice of the District Court mentioned in the foregoing sub-section shall not be given unless the applicant therefor has, not less than forty-eight hours before making the application, served upon the officer in charge of the Gárda Síochána for the licensing area a notice in writing of his intention to apply for such consent, setting out his name and address, and the place, occasion, and time for which the occasional licence the subject of such consent is desired.

(4) An occasional licence shall operate to exempt the person to whom the licence is granted (if and so long as he complies with the conditions on which the same is granted) from the provisions of this Act relating to prohibited hours at the place and during the time for which the licence is granted.

(5) The provisions of this or any other Act requiring an offence to be endorsed on a licence shall not apply to an offence committed in respect of an occasional licence.

Production of exemption orders, etc. 7.—(1) Section 64 of the Licensing Act, 1872 (which relates to the production of licences and penalties for non-production) shall apply to all general exemption orders, special exemption orders, and occasional licences.

(2) Section 33 of the Licensing Act (Ireland) 1874 (which relates to the production of licences and to penalties for non-production) shall apply to all general exemption orders, special exemption orders, and occasional licences.

Six-day licences. 8.—(1) In this Act the expression “Sunday-closing condition” means such condition as is mentioned in sub-section (2) of this section and the expression “six-day licence” means an on-licence containing a Sunday-closing condition whether such licence was granted before or after the passing of this Act and whether such condition was inserted in such licence under this Act or under an enactment repealed by this Act.

(2) Where on the occasion of an application for a certificate for a new on-licence or a certificate for a transfer or renewal of an on-licence, the applicant, at the time of his application, applies to the Court to insert in his certificate a condition that he shall keep the premises in respect of which such licence is or is to be granted closed during the whole of Sunday, the Court shall cause the said condition to be inserted in such certificate and whenever such condition is so inserted in such certificate such condition shall also be inserted in the licence granted, transferred, or renewed in pursuance of such certificate.

(3) There shall be inserted in every certificate for the transfer or renewal of a six-day licence and in every licence granted in pursuance of such certificate the like Sunday-closing condition as is contained in the licence so transferred or renewed.

(4) The holder of a six-day licence shall keep the premises to which such licence relates closed during the whole of Sunday, and if such premises are situate in a county borough, the provisions of this Act relating to prohibited hours shall, in so far as such provisions relate to Sundays apply to such premises as if the same were not situate in a county borough.

(5) The notice which a licensed person is required by section 11 of the Licensing Act, 1872 , to keep painted or affixed on his premises shall, in the case of a six-day licence, contain such words as the Court may order for giving notice to the public that a six-day licence has been granted in respect of the premises.

Early closing licences. 9.—(1) In this Act the expression “early closing condition” means such condition as is mentioned in sub-section (2) of this section and the expression “early closing licence” means an on-licence containing an early closing condition, whether such licence was granted before or after the passing of this Act and whether such condition was inserted in such licence under this Act or under an enactment repealed by this Act.

(2) Where, on the occasion of any application for a certificate for a new on-licence, or a certificate for the transfer or renewal of an on-licence, the applicant applies to the Court to insert in his certificate a condition that he shall close the premises in respect of which such licence is or is to be granted one hour earlier at night than that at which such premises would otherwise have to be closed, the Court shall cause the said condition to be inserted in such certificate, and, whenever such condition is so inserted in such certificate, such condition shall also be inserted in the licence granted, transferred, or renewed in pursuance of such certificate.

(3) There shall be inserted in every certificate for the transfer or renewal of an early closing licence and in every licence granted in pursuance of such certificate the like early closing condition as is contained in the licence so transferred or renewed.

(4) The holder of an early-closing licence shall close the premises to which such licence relates one hour earlier in the evening than the ordinary hour at which such premises would be closed under the provisions of this Act relating to prohibited hours and the said provisions shall apply to such premises as if the several latest hours after which the sale or exposing for sale of intoxicating liquor is thereby prohibited were respectively one hour earlier than the hour stated in such provisions.

(5) The notice which a licensed person is required by section 11 of the Licensing Act, 1872 , to keep painted or affixed on his premises shall, in the case of an early-closing licence, contain such words as the Court may order for giving notice to the public that an early-closing licence has been granted in respect of the premises.

Remission of duty in certain cases. 10.—A person who takes out a licence containing a condition rendering such licence a six-day licence or a condition rendering such licence an early closing licence shall be entitled to a remission of one-seventh of the duty which would otherwise be payable by him for a similar licence not containing such condition, and a person who takes out a licence containing conditions rendering such licence a six-day licence and also an early closing licence shall be entitled to a remission of two-sevenths of the duty which would otherwise be payable by him for a similar licence not containing such conditions.

Transfer of seven-day licence to six-day licensed premises. 11.—(1) A person who is at the one time the holder of a six-day licence and the holder of an on-licence which is not a six-day licence (in this section called a seven-day licence) shall, if the premises to which the said licences are respectively attached are situate in the same licensing area, be entitled to have the seven day licence transferred at the annual licensing district court to the premises to which the six-day licence is attached but subject to the condition that on such transfer being made the six-day licence shall not be renewed and that the premises to which the seven-day licence was attached before such transfer shall for the purposes of the Licensing (Ireland) Act, 1902 , be deemed never to have been licensed.

(2) A person who is at the one time the holder of an early-closing licence and the holder of an on-licence which is neither a six-day licence nor an early-closing licence (in this sub-section called an ordinary seven-day licence) shall, if the premises to which the said licences are respectively attached are situate in the same licensing area, be entitled to have the ordinary seven-day licence transferred at the annual licensing district court to the premises to which the early-closing licence is attached, but subject to the condition that on such transfer being made the early-closing licence shall not be renewed and that the premises to which the ordinary seven-day licence was attached before such transfer shall for the purposes of the Licensing (Ireland) Act, 1902 , be deemed never to have been licensed.

Restaurant certificate. 12.—(1) Where on the occasion of any application for a certificate for a new on-licence or a certificate for the transfer or renewal of an on-licence, the applicant requests the Court to certify that the premises in respect of which the certificate is sought are a restaurant for the purposes of this Act, the Court, if satisfied after hearing the officer in charge of the Gárda Síochána for the licensing area that such premises are structurally adapted for use and bona fide and mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public, shall grant to such applicant a certificate (in this section referred to as a restaurant certificate) certifying that such premises are a restaurant for the purposes of this Act.

(2) The Court shall not entertain an application for a restaurant certificate unless and until satisfied that not less than ten days before the date on which the application is proposed to be made notice in writing of the intention to make the application was given to the officer in charge of the Gárda Síochána for the licensing area.

(3) Every restaurant certificate shall unless sooner revoked under this section remain in force until the next annual licensing district court for the licensing area.

(4) A Justice of the District Court may, on the application of the officer in charge of the Gárda Síochána for the licensing area, at any time revoke a restaurant certificate if he is satisfied, after hearing such officer and the holder of such certificate, that the premises to which such certificate relates have ceased to be structurally adapted for the use or to be bona fide or mainly used as a restaurant, refreshment house or other place for the supplying of substantial meals to the public.

(5) Every holder of a restaurant certificate shall cause such certificate to be displayed prominently in the premises to which such certificate relates.

Certain exemptions for hotels and restaurants. 13.—(1) Nothing in this Act shall operate to prohibit the holder of an on-licence in respect of premises which are for the time being a hotel or restaurant supplying intoxicating liquor to any person on such premises on any Saint Patrick's Day nor (unless his licence is a six-day licence) on any Sunday between the hours of one o'clock and three o'clock in the afternoon or the hours of six o'clock and nine o'clock in the evening, provided such intoxicating liquor is—

(a) ordered by such person at the same time as a substantial meal is ordered by such person, and

(b) is consumed at the same time as and with such meal, and

(c) is supplied and consumed in the portion of such premises usually set apart for the supply of meals, and

(d) is paid for at the same time as such meal is paid for.

(2) Nothing in this Act shall operate to prohibit the holder of an on-licence in respect of premises situate in a county borough which are for the time being a hotel or restaurant permitting intoxicating liquor to be consumed on such premises on any week-day between the hours of half-past two o'clock and half-past three o'clock in the afternoon, provided such intoxicating liquor is—

(a) supplied to such person before the hour of half-past two o'clock in the afternoon, and

(b) is consumed at the same time as and with a substantial meal begun before the said hour of half-past two o'clock, and

(c) is supplied and consumed in the portion of such premises usually set apart for the supply of meals.

Other exemptions from prohibited hours. 14.—Nothing in this Act shall be deemed to prohibit or restrict—

(a) the sale at any time at a railway station of intoxicating liquor on arrival or departure of trains to passengers who have travelled or hold tickets entitling them to travel on those trains for a distance of not less than ten miles to or from such railway station, or

(b) the supplying at any time of intoxicating liquor on licensed premises to any private friends of the holder of the licence bona fide entertained by him at his own expense in any part of such licensed premises other than the part in which the sale of intoxicating liquor generally takes place, or

(c) the sale of intoxicating liquor in passenger vessels in pursuance of the Acts in that behalf, or

(d) the sale of intoxicating liquor for consumption on a railway restaurant car in pursuance of the Acts in that behalf, or

(e) the sale of intoxicating liquor by the holder of an on-licence at any hour on licensed premises to a person then lodging in such premises, save that on Christmas Day, Good Friday, and Saint Patrick's Day no in-toxicating liquor may be so sold to any such person except at and for consumption with a meal consumed by such person in such premises.

Bona fide travellers. 15.—(1) Nothing in this Act shall operate to prohibit—

(a) the holder of an on-licence in respect of premises situate in a county borough from selling intoxicating liquor for consumption on such licensed premises to bona fide travellers at any time on any week day or

(b) the holder of an on-licence in respect of premises not situate in a county borough from selling intoxicating liquor for consumption on such licensed premises to bona fide travellers—

(i) at any time on any week-day, or

(ii) if his licence is not a six-day licence, on any Sunday during a period of summer time between the hours of one o'clock and eight o'clock in the afternoon or on any other Sunday between the hours of one o'clock and seven o'clock in the afternoon.

(2) The Justice of the District Court may in his discretion, on the application of the holder of an on-licence in respect of premises situate in the licensing area and after hearing the principal officer of the Gárda Síochána in the licensing area, substitute the hours of two o'clock and nine o'clock in the afternoon for the hours of one o'clock and eight o'clock mentioned in the foregoing sub-section in relation to Sundays during a period of summer time, and whenever such order is so made the foregoing sub-section shall, during the residue of the period of summer time current at the date of the order or, where such order is not made during a period of summer time, during the period of summer time commencing next after the date of the order, have effect as if the hours mentioned therein in relation to Sundays during a period of summer time were two o'clock and nine o'clock in the afternoon.

(3) Every person who by falsely representing himself to be a bona fide traveller buys or obtains or who attempts by such false representation to buy or obtain on any licensed premises any intoxicating liquor during a period in which the sale of intoxicating liquor on such premises is prohibited by this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) It shall be a good defence to any charge of selling intoxicating liquor in contravention of the provisions of this Act relating to prohibited hours for the person so charged to prove to the satisfaction of the Court that such intoxicating liquor was sold for consumption on the premises in which the sale took place and was so sold on premises and at a time on and at which such sale of intoxicating liquor to bona fide travellers is not unlawful under this Act and that the person to whom such intoxicating liquor was so sold represented himself at the time of such sale to be a bona fide traveller and that the person so charged had no reasonable ground for disbelieving such representation.

(5) For the purposes of this section a person shall not be a bona fide traveller unless either the place where he lodged during the previous night is situate in a county borough and is at least five miles (measured by the shortest public thoroughfare) distant from the place where he demands to be supplied with intoxicating liquor, or the place where he lodged during the previous night is situate elsewhere than in a county borough and is at least three miles (similarly measured) distant from the place where he demands to be supplied with intoxicating liquor.

Area exemption orders. 16.—(1) The Justice of the District Court upon its being represented to him by the officer in charge of the Gárda Síochána for a licensing area (not being or forming part of a county borough) that, by reason of the expected incursion on any Sunday of a large number of persons into such licensing area for a special occasion, the observance on that day by the holders of on-licences attached to premises in such licensing area or any particular part thereof of the provisions of this Act relating to prohibited hours and the enforcement of such provisions on that day by the Gárda Síochána will be attended with unreasonable difficulty may, if he so thinks fit, grant in respect of such licensing area or any particular part thereof (in this section referred to as the exempted area) an order (in this Act referred to as an area exemption order) exempting all holders of on-licences attached to premises in the exempted area on such Sunday from the provisions of this Act relating to prohibited hours in respect of such premises during such period or periods (not exceeding in the whole three hours) as may be specified in such order.

(2) Whenever an area exemption order is granted the holder of an on-licence attached to premises in the exempted area to which such order relates shall if he takes advantage of such order during the period or periods on the Sunday named therein supply on his premises food and non-alcoholic drink at reasonable prices to any person demanding the same.

(3) Whenever an area exemption order is granted the holder of an on-licence attached to premises in the exempted area to which such order relates shall if and so long as he complies with the provisions of the foregoing sub-section be exempted during the period and on the Sunday named in such order from any penalty for contravention in respect of such premises of the provisions of this Act relating to prohibited hours, but not from any other penalty under this or any other Act.

Persons on licensed premises during prohibited hours. 17.—(1) Subject to the exception hereinafter mentioned, every person who is found on any licensed premises during any time in which the sale of intoxicating liquor on such premises is prohibited by this Act shall, unless he is either—

(a) the holder of the licence or the owner of the premises, or

(b) resident permanently or temporarily on the premises, or

(c) a person to whom intoxicating liquor may lawfully be sold or supplied on the premises at that time, or

(d) in the employment of the holder of the licence or of the owner of the premises and is on the premises in the ordinary course of such employment, or

(e) an officer of customs and excise in the course of his duty as an officer,

be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(2) Where any business other than the sale of intoxicating liquor (in this sub-section referred to as non-licensed business) is carried on in any licensed premises and the portion of such premises in which such non-licensed business is carried on is not structurally separated from the remainder of such premises, this section shall not apply to such premises during any time in which such premises are lawfully open for the carrying on of such non-licensed business.

False pretence of being a lodger. 18.—Every person who by falsely representing himself to be lodging in any licensed premises buys or obtains or who attempts by such false representation to buy or obtain on such licensed premises any intoxicating liquor during a period in which the sale of intoxicating liquor on such premises is prohibited by this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Closing by order of Justice. 19.—(1) Whenever the Justice of the District Court is satisfied on the written application of a Superintendent or Inspector of the Gárda Síochána that in the interests of public peace and order it is expedient that the sale of intoxicating liquor should immediately cease in any town or village in the licensing area, such Justice may order the immediate closing for the remainder of that day, or for such shorter period as he may deem adequate, of all premises licensed for the sale of intoxicating liquor in such town or village.

(2) Whenever an order is made under this section, every holder of a licence in the town or village to which such order relates shall, upon the same being communicated verbally to him by a member of the Gárda Síochána, immediately close his licensed premises and keep the same closed during the time mentioned in such order, and any person who fails or refuses to comply with the terms of any such order shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds.

(3) Whenever an order is made under this section and any holder of a licence fails or refuses to comply with such order, any member of the Gárda Síochána may use such force as may be necessary for ensuring compliance with such order.

Admission to theatres. 20.—(1) No person shall be admitted to any theatre after the hour of half past nine in the evening unless either—

(a) he has previously engaged or paid for a seat in that theatre for the performance or entertainment then in progress or about to commence, or

(b) he is employed in that theatre or has business with a person so employed.

(2) If any person is admitted to any theatre in contravention of this section, the holder of the theatre licence in respect of that theatre shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Sale of intoxicating liquor in theatres. 21.—(1) The provisions of this Act in relation to prohibited hours shall not apply to a theatre.

(2) In this section the expression “permitted time” means a period beginning half an hour before the commencement of a performance in the theatre in respect of which the expression is used and ending half an hour after the termination of such performance.

(3) It shall not be lawful to sell or expose for sale by retail any intoxicating liquor in any theatre—

(a) at any time other than during a permitted time, or

(b) to any person other than persons who either—

(i) are then employed in the theatre, or

(ii) have engaged or paid for seats in the theatre for the performance taking or which took place during the permitted time or either of the permitted times then current, or

(c) in any part of the theatre which is then accessible to persons other than those persons to whom intoxicating liquor may then be sold in such theatre.

(4) Every person who sells or exposes for sale by retail any intoxicating liquor in a theatre in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, in the case of a second or any subsequent offence, at the discretion of the Court to imprisonment for any term not exceeding six months and also in the case of such second or subsequent offence, in the discretion of the Court to forfeiture of the theatre licence.

Powers of Gárda Síochána. 22.—(1) Any member of the Gárda Síochána may demand of any person found on any licensed premises during any time in which the sale of intoxicating liquor on such premises is prohibited by this Act the name and address of such person and, if he has ground to suppose that a name or address given by such person in response to such demand is false or misleading, may demand of such person corroborative evidence of such name or address, and if any such person fails or refuses to give on such demand his name and address or either of them or such corroborative evidence or gives a name or an address or corroborative evidence which is false or misleading such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(2) Any member of the Gárda Síochána may arrest without warrant any person who, on his name and address or such corroborative evidence as aforesaid being lawfully demanded of him under this section, fails or refuses to give such name and address or either of them or such evidence.

(3) In the Licensing Act, 1872 , and in the Licensing Act (Ireland), 1874 , the word “constable” shall include any member of the Gárda Síochána and the said Acts shall be construed and have effect accordingly.

(4) In section 23 of the Licensing Act (Ireland) 1874 , the expression “provisions of the principal Act or this Act” shall include the provisions of this present Act, and the said section shall be construed and have effect accordingly.

Exceptions from this Part of this Act. 23.—This Part of this Act shall not apply to—

(a) any club for the time being registered under the Registration of Clubs (Ireland) Act, 1904 , or

(b) any canteen held under the authority of the Minister for Defence, or

(c) the sale of intoxicating liquor by wholesale in any premises which are not licensed premises, or

(d) the sale of medicated or methylated spirits or spirits made up in medicine and sold by registered medical practitioners or chemists and druggists, pharmaceutical chemists or registered druggists.

PART III. Endorsement of Licences.

Interpretation. 24.—In this Part of this Act the expression “offence to which this Part of this Act applies” means and includes any offence against any of the enactments mentioned in the First Schedule to this Act or any enactment for the time being in force relating to the adulteration of drink or any offence under the provisions of this Act relating to prohibited hours.

Recording of convictions on licences. 25.—(1) Whenever the holder of any licence for the sale of intoxicating liquor by retail is convicted of an offence to which this Part of this Act applies the conviction shall, if the person so convicted is the holder of one such licence only, be recorded on such licence or, if such person is the holder of two or more such licences in respect of the same premises, be recorded on all such licences or, if such person is the holder of two or more such licences which do not all relate to the same premises, be recorded on such one or more of those licences as relate to the premises in respect of which the offence was committed.

(2) Whenever a conviction of the holder of a licence is under this section recorded on such licence such conviction shall, in the case of the first conviction so recorded on such licence after the passing of this Act, continue so recorded for the period of five years from the date of the conviction and, in the case of the second conviction so recorded on such licence after the passing of this Act, continue so recorded for the period of seven years from the date of the conviction and, in the case of the third conviction and of every subsequent conviction so recorded on such licence after the passing of this Act, continue so recorded for the period of ten years from the date of the conviction.

(3) Every conviction recorded on a licence under this section shall, at the expiration of the period during which under the foregoing sub-section the same is to continue recorded, cease for all purposes to be so recorded.

Special order against recording. 26.—(1) Whenever the holder of a licence for the sale of intoxicating liquor is convicted by a Justice of the District Court of an offence to which this Part of this Act applies such Justice may, if satisfied that by reason of the trivial nature of the offence such conviction ought not to be recorded on such licence, make an order stating the circumstances which reduce the offence to one of a trivial nature and declaring that such conviction shall not be recorded, and whenever such order is so made such conviction shall not be so recorded.

(2) Whenever an order is made by a Justice of the District Court under the foregoing sub-section on a prosecution at the instance of a member of the Gárda Síochána, an appeal shall lie at the instance of such prosecutor to the Judge of the Circuit Court within whose circuit the district or part of the district of such Justice is situate against such order, but not against the conviction in respect of which such order was made, and if such appeal is dismissed such Judge may order the costs of the appeal to be paid by such prosecutor.

Removal of record of conviction by the Circuit Court. 27.—Whenever the holder of any licence for the sale of intoxicating liquor is convicted by a Justice of the District Court of an offence to which this Part of this Act applies an appeal shall lie from such conviction to the Judge of the Circuit Court within whose circuit the district or any part of the district of such Justice is situate and the decision of such Judge shall be final and not appealable and on the hearing of such appeal such Judge may, though affirming such conviction, if satisfied that by reason of extenuating circumstances (to be stated in the order of the Court) such conviction ought not to be recorded on such licence, make an order declaring that such conviction shall not be recorded, and whenever such order is so made such conviction shall not be so recorded and shall for all purposes be deemed never to have been so recorded and accordingly any forfeiture occasioned by the recording of such conviction shall be deemed to be cancelled.

Forfeiture of licences. 28.—(1) Whenever the holder of a licence for the sale of intoxicating liquor by retail is convicted of an offence to which this Part of this Act relates and such conviction is by virtue of this Part of this Act recorded on such licence, and at the time of such recording two convictions (subsequent in date to the passing of this Act) are by virtue of this Part of this Act recorded on such licence, such licence shall thereupon be forfeited.

(2) Where a licence is forfeited under this section no new licence shall at any time thereafter be granted in respect of the premises or any part of the premises to which such licence was attached.

Two or more offences on the same day. 29.—Whenever the holder of a licence for the sale of intoxicating liquor by retail is convicted of two or more offences to which this Part of this Act applies and such offences were committed on the same day, the Court by which such holder is so convicted or the Court by which such conviction is affirmed on appeal (as the case may be) may if it so thinks fit order that such one or more as such Court shall think fit but not all of such convictions shall not be recorded on such licence, and whenever such order is made the conviction or convictions in respect of which the order is made shall not be recorded on such licence notwithstanding the provisions of this Act, and, in the case of an order made on appeal, shall for all purposes be deemed never to have been so recorded.

Relief to bona fide purchasers. 30.—(1) Whenever, on an application for a certificate for the transfer of a licence for the sale of intoxicating liquor by retail, the applicant at the time of such application satisfies the Court that the transfer is desired for the purpose of giving effect to a bona fide sale for money or money's worth of such licence and the premises to which the same is attached, the Court shall, if it grants such certificate, direct in and by such certificate that all (if any) offences then recorded on such licence under this Part of this Act shall at the time of such transfer cease to be so recorded, and whenever such direction is so given every such offence shall at the time of the transfer of such licence pursuant to such certificate cease to be recorded on such licence and such licence shall be so transferred freed and discharged from the records of such offences and shall thereafter have effect for all purposes as if such offences had never been recorded thereon.

(2) Whenever a licence (hereinafter called the first licence) is transferred freed and discharged under the foregoing sub-section from the record of an offence and the person who was the holder of such licence immediately before such transfer (hereinafter called the first transfer) applies (whether in the same or another licensing area) within five years after such transfer for a certificate for the transfer (hereinafter called the second transfer) to him of the same or another licence (hereinafter called the second licence) the Court if it grants such certificate shall in and by such certificate direct that all offences which immediately before the first transfer were recorded under this Part of this Act on the first licence shall on the second transfer be recorded on the second licence, and whenever such direction is so given every such offence shall on the second transfer be recorded on the second licence, and such record shall from and after the second transfer have effect as if the same had been made on the second licence at the time when it was made on the first licence save that for the purpose of calculating the duration under this Act of such record the period between the first transfer and the second transfer shall be omitted.

(3) It shall be the duty of every person who applies for a certificate for a transfer to which the foregoing sub-section would apply to disclose to the Court at the time of such application the facts by reason of which that sub-section so applies, and every such person who fails or neglects to make such disclosure shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, and also, if such person is at the date of such conviction the holder of the licence the subject of such certificate, every offence which would under the foregoing sub-section have been recorded on such licence if such disclosure had been duly made shall be deemed to have been duly so recorded in accordance with that sub-section.

(4) Every entry in a register of licences of a certificate for a transfer in and by which a direction is given under this section shall include the particulars of such direction.

Omission to record conviction on licence. 31.—An omission to record on a licence a conviction which is by this Act required to be recorded thereon shall not prejudice or affect the validity or effect of such conviction or (unless such omission is made by order of a Court under this Act) relieve the convicted person from any consequence which would ensue from such conviction if it had been so recorded.

General provisions in relation to recording of convictions. 32.—(1) Whenever the holder of a licence for the sale of intoxicating liquor by retail is charged with an offence to which this Part of this Act applies the summons or other document bringing such holder before a Court for trial on such charge shall state that such holder will be required to produce such licence to the Court at such trial, and at such trial the Court shall require such holder to produce such licence and deliver the same to the registrar, clerk, or other principal officer of the Court.

(2) Whenever the holder of any such licence as aforesaid is convicted by or before any Court of an offence to which this Part of this Act applies the following provisions shall have effect that is to say:—

(a) the registrar, clerk, or other principal officer of the Court shall forthwith endorse on such licence the date and such other particulars as the circumstances may require of such conviction;

(b) if such principal officer is not the district court clerk by whom is kept the register of licences in which such licence is registered, such principal officer shall send to such district court clerk notice of such conviction together with all material particulars;

(c) if such conviction occasions the forfeiture of such licence, such principal officer shall retain such licence and, if he is not the district court clerk aforesaid, shall send such licence to such district court clerk;

(d) the said district court clerk shall enter in the register of licences in which such licence is registered the date and such other particulars as the circumstances may require of such conviction;

(e) if such conviction occasions the forfeiture of such licence, the said district court clerk shall send to the proper officer of the Revenue Commissioners notice of such forfeiture.

(3) Whenever an order is made by the Circuit Court on an appeal from a conviction of an offence to which this Part of this Act applies, the county registrar shall forthwith transmit to the district court clerk by whom is kept the register of licences in which such licence is registered notice of such order together with the material particulars thereof and upon receipt of such notice such district court clerk shall enter in such register such particulars of such order as circumstances require and, whenever such order occasions or affects in any way a forfeiture of such licence, shall send notice of such order to the proper officer of the Revenue Commissioners.

Admission of registers and endorsements as evidence. 33.—(1) Every register of licences shall be received in any Court as evidence of all matters entered therein in pursuance of this Act and in particular of all convictions, recordings of convictions, and forfeitures of licences so entered therein.

(2) Every endorsement upon a licence of a matter required by this Act to be so endorsed shall, if such endorsement purports to be made and signed by the officer required by this Act to make the same, be evidence of the matters stated in such endorsement without proof of the signature or authority of such officer.

(3) Every copy of an entry made in a register of licences in pursuance of this Act shall, if such copy purports to be signed and certified to be a true copy by the district court clerk by whom such register is kept, be received in any Court (without proof of the signature or authority of the person by whom the same is signed and certified) as a true copy of such entry and as evidence of any matter of which such entry would be evidence.

Penalty for defacing record of conviction on licence. 34.—If any person defaces or obliterates or attempts to deface or obliterate any record of a conviction on his licence he shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding ten pounds.

Application of the Probation of Offenders Act, 1907. 35.—The provisions of sub-section (1) of section 1 of the Probation of Offenders Act, 1907 , shall not apply where any person is charged before a Justice of the District Court with an offence to which this Part of this Act applies and the Court thinks that the charge is proven.

PART IV. Reduction of Licences.

Interpretation. 36.—(1) In this Part of this Act all references to a licensing area in relation to premises shall be construed as referring to the licensing area in which such premises are situate and all references to a licensing area in relation to a licence or to the holder of a licence shall be construed as referring to the licensing area in which are situate the premises to which such licence is attached.

(2) In this Part of this Act all references to a compensation authority in relation to a licensing area shall be construed as referring to the compensation authority for such licensing area and all references to a compensation authority in relation to a licence shall be construed as referring to the compensation authority for the licensing area in which are situate the premises to which such licence is attached.

(3) In this Part of this Act—the word “licence” means a licence for the sale by retail of intoxicating liquor for consumption on the premises but does not include a licence attached to—

(i) a hotel or restaurant which has no bar for the sale of intoxicating liquor, or

(ii) a theatre, or

(iii) a railway refreshment room, or

(iv) a canteen held under the authority of the Minister for Defence, and

the expression “licensed premises” means (save where otherwise expressly stated) premises in respect of which a licence has been granted and is in force.

Compensation Authorities. 37.—(1) There shall be a compensation authority for every licensing area and such compensation authority shall be the Judge or the deputy or assistant Judge of the Circuit Court who is for the time being exercising jurisdiction in the county or county borough in which is situate the courthouse in which the sittings of the District Court for the transaction of licensing business for the licensing area are for the time being usually held.

(2) The county registrar within whose area of jurisdiction the said court-house for any licensing area is situate shall act as registrar to the compensation authority for such licensing area.

(3) There shall be attached to every compensation authority an assessor who shall advise the compensation authority to which he is attached on any matter relating to the assessment of compensation under this Act which may be referred to him by such compensation authority.

(4) Every assessor to a compensation authority shall be appointed by the Minister and shall be an auctioneer, surveyor, valuer, or other person having experience in the sale or valuation of licensed premises and unless he sooner dies or resigns, shall hold office for five years only from the date of his appointment but shall be eligible for re-appointment.

(5) Every assessor to a compensation authority may be removed from office at any time by the Minister with the concurrence of the compensation authority for misconduct or incapacity.

(6) Every assessor to a compensation authority shall be paid out of moneys provided by the Oireachtas such remuneration, whether by salary or fees, as the Minister shall with the sanction of the Minister for Finance direct.

(7) The same person may be appointed to be assessor of two or more compensation authorities.

(8) No person engaged or concerned in the manufacture or sale of intoxicating liquor shall be appointed to be assessor to a compensation authority.

Compensation funds. 38.—(1) There shall be established for every licensing area a fund to be known as the compensation fund of the licensing area.

(2) The principal officer of the Department of Justice or such other officer of the Minister as the Minister shall from time to time direct shall be the treasurer of every compensation fund established under this section and in this Part of this Act the expression “the treasurer” means the said officer who is for the time being such treasurer.

(3) The Minister may, with the consent of the Minister for Finance, make rules for the management of compensation funds established under this Act and for the keeping and audit of the accounts of such funds.

Ground for abolition of licences. 39.—(1) A licence may be abolished under this Part of this Act on the following and no other ground, that is to say, that there are in the licensing area too many licensed premises and that the said licence should be abolished in preference to any other licence attached to premises in the licensing area.

(2) In considering whether there are or are not too many licensed premises in a licensing area the District Court or the compensation authority (as the case may be) shall have regard to the character (whether residential, agricultural, manufacturing, or otherwise) of the licensing area, the number of licensed premises in the area in proportion to the population of the area, the volume of business done by licensed premises in the area, the amount of drunkenness in the area, and any other matter which appears to the District Court or the compensation authority (as the case may be) to be relevant.

(3) In considering whether a licence should or should not be abolished in preference to other licences the District Court or the compensation authority (as the case may be) shall regard the following matters as reasons in favour of the abolition of the licence in preference to other licences, that is to say:—

(a) that the volume of business transacted in the premises to which the licence is attached is small,

(b) that the structural condition and state of repair of the said premises is bad,

(c) that the accommodation in the said premises for customers is unsatisfactory in character or extent,

(d) that the business carried on in the said premises is not properly conducted,

(e) that the situation of the said premises is such as to render supervision thereof by the police difficult.

Reference orders. 40.—(1) Any officer of the Gárda Síochána may apply to the District Court at the annual licensing district court for a licensing area to have the question whether a particular licence attached to premises situate in such licensing area should or should not be abolished referred to the compensation authority.

(2) The District Court shall not entertain an application under this section unless or until satisfied that not less than ten days before the annual licensing district court at which the application is proposed to be made notice in writing of the intention to make the application was given to the holder of the licence to which the application relates and to the district court clerk.

(3) On the hearing of an application under this section the Court, if satisfied that a prima facie case has been established for the abolition of the licence to which the application relates, shall make an order (in this Part of this Act called a reference order) referring the question of the abolition of such licence to the compensation authority for the licensing area, and if not so satisfied shall dismiss the application without prejudice to the making of a fresh application in relation to the same licence at a subsequent annual licensing district court.

(4) Whenever a reference order is made the district court clerk shall forthwith transmit a copy of the order to the registrar to the compensation authority.

(5) On the hearing of an application under this section the officer of the Gárda Síochána making the application and the holder of the licence to which the application relates and no other party shall be entitled to be heard and adduce evidence.

(6) No appeal shall lie from an order of the District Court on an application under this section and no such order shall award any costs to be paid by either party to the other party.

(7) The making of a reference order in respect of a licence shall not prejudice or affect the renewal of such licence or the granting of a certificate for such renewal.

Abolition orders. 41.—(1) As soon as conveniently may be after the making of a reference order and in any event not later than the next following 31st day of December the compensation authority named in the reference order shall hear and determine the question whether the licence the subject of such reference order should or should not be abolished, and if on such hearing the compensation authority determines that such licence should be abolished the compensation authority shall make an order (in this Part of this Act referred to as an abolition order) abolishing such licence at midnight on the next following 30th day of September.

(2) If on any such hearing as is mentioned in the foregoing sub-section the compensation authority determines that the licence the subject of the hearing should not be abolished the compensation authority shall make an order that such licence be not then abolished, but every such order shall be without prejudice to the institution of fresh proceedings in any subsequent year for the abolition of such licence.

(3) Every abolition order shall operate to abolish the licence the subject of the order as at and from midnight on the 30th day of September next following the date of the order, and such licence shall not be renewed for any period after that date nor shall any new licence be granted at any time after the date of such abolition order in respect of the premises or any part of the premises to which such licence was attached.

(4) On a hearing under this section by a compensation authority an officer of the Gárda Síochána and the holder of the licence to which the hearing relates and no other party shall be entitled to be heard and adduce evidence.

(5) In and by every abolition order the compensation authority shall appoint a convenient date not later than the next following 30th day of April for the sitting to fix the amount of the compensation in respect of the abolition of the licence to which the order relates.

(6) Whenever an abolition order is made the registrar to the compensation authority by whom such order was made shall forth-with publish in the Iris Oifigiúil a notice of the making of such order, containing such particulars as the Minister for Justice may direct.

Compensation on abolition of licence. 42.—(1) Whenever an abolition order is made compensation shall be paid in accordance with the provisions of this Part of this Act in respect of the abolition of the licence to which the order relates.

(2) On the date appointed for that purpose in the abolition order or on the first opportunity thereafter, but not in any case later than the 30th day of April next after the date of the abolition order, the compensation authority shall by order (in this Part of this Act called a compensation order) fix the amount of the compensation payable under this section in consequence of such abolition order and at the sitting for fixing such amount the following parties and no other party may be heard and adduce evidence, that is to say:—

(a) any person claiming to be entitled to receive the compensation or portion thereof, and

(b) any holder of a licence in respect of premises in the licensing area, and

(c) the Attorney-General of Saorstát Eireann.

(3) The compensation payable under this section shall be—

(a) the loss of value, ascertained as hereinafter mentioned, in respect of the occupation interest by reason of the abolition of the licence, together with

(b) if in the opinion of the compensation authority there has been a loss of value in respect of the interest of the immediate lessor by reason of the abolition of the licence, such loss of value ascertained as hereinafter mentioned, together with

(c) in any case such additional sum as the compensation authority shall consider reasonable in view of the fact that the parties receiving the compensation have to bear their own costs of all proceedings in relation to the compensation and, in the case of the holder of the licence, of the reference order and the abolition order.

(4) For the purpose of the foregoing sub-section the loss of value shall be the difference between the following values, that is to say:—

(a) the value in the opinion of the compensation authority after consultation with the assessor, of the occupation interest or of the interest of the immediate lessor (as the case may be) in the open market on the day before the date of the reference order if sold, in the case of the occupation interest, with the licence attached thereto and all trade fixtures in the licensed premises on the said day and with clear possession to the purchaser, or, in the case of the interest of the immediate lessor, on the basis that the licence is subsisting and with the benefit of the rights (if any) of the immediate lessor in respect of the licence, and

(b) the value in the opinion of the compensation authority after consultation with the assessor, of the said interest in the open market on the said day if sold, in the case of the occupation interest, without the said licence and without the said fixtures but with clear possession to the purchaser, or, in the case of the interest of the immediate lessor, on the basis that the licence is not subsisting.

(5) When fixing the amount of the compensation the compensation authority shall also by the same order determine whether any and, if any, how much of the compensation is payable in respect of the interest of the immediate lessor.

(6) If the compensation authority determines that any part of the compensation is payable in respect of the interest of the immediate lessor, the residue of the compensation shall be deemed to be payable in respect of the occupation interest, and, if the compensation authority determines that no part of the compensation is payable in respect of the interest of the immediate lessor, the whole of the compensation shall be deemed to be payable in respect of the occupation interest.

(7) Sub-sections (3), (4), (5), and (6) of this section shall not apply where the occupation interest is subject to a covenant, agreement, or condition that the owner thereof shall sell only intoxicating liquor purchased from or through the immediate lessor (whether such covenant, agreement, or condition extends to all intoxicating liquors or only to one or more particular class or classes of intoxicating liquor), and in lieu of the said sub-sections the following provisions shall apply, that is to say:—

(a) the compensation payable under this section shall be the loss of value, ascertained as hereinafter mentioned, in respect of the interest of the immediate lessor by reason of the abolition of the licence, together with such additional sum as the compensation authority shall consider reasonable in view of the fact that the parties receiving the compensation (including the holder of the licence) have to bear their own costs of all proceedings in relation to the compensation and, in the case of the holder of the licence, of the reference order and the abolition order;

(b) the said loss of value shall be the difference between the following values, that is to say:—

(i) the value in the opinion of the compensation authority, after consultation with the assessor, of the interest of the immediate lessor in the open market on the day before the date of the reference order if sold with all trade fixtures belonging to the immediate lessor and in the licensed premises on the said day and on the basis that the occupation interest had been determined, and that the licence was attached to the interest of the immediate lessor, and that clear possession of the licensed premises would be given to the purchaser, and

(ii) the value in the opinion of the compensation authority, after consultation with the assessor, of the interest of the immediate lessor in the open market on the day before the date of the reference order if sold without the said fixtures and on the basis that the occupation interest had been determined, that no licence was attached to the licensed premises, and that clear possession would be given to the purchaser;

(c) when fixing the amount of the compensation the compensation authority shall also by the same order determine how much of the compensation is to be paid in respect of the occupation interest and in making such determination shall have regard to the nature of the occupation interest, the conduct of the owner thereof, the length of time during which he and his predecessors had been owners of the said interest, and the circumstances in which he acquired the said interest and shall also have regard to the fact that the owner of the occupation interest has to bear his own costs of the reference order, the abolition order, and the proceedings in relation to the compensation;

(d) every covenant, condition, and agreement (whenever made) whereby the owner of the occupation interest would be bound to pay to or hold in trust for the immediate lessor the portion or any part of the portion of the compensation determined to be payable in respect of the occupation interest shall be void and of no effect; and

(e) so much of the compensation as is not determined by the compensation authority to be payable in respect of the occupation interest shall be deemed to be payable in respect of the interest of the immediate lessor.

(8) Whenever a compensation order is made, the registrar to the compensation authority by whom such order was made shall forthwith transmit to the treasurer a copy of such order.

(9) In this section and in the next following section—

the expression “the licensed premises” means the premises to which the licence extends together with such other premises (if any) as were on the day before the date of the reference order usually occupied with the first-mentioned premises and without which such first-mentioned premises could not conveniently and would not reasonably be offered for sale,

the expression “the occupation interest” means the least or lowest estate or tenancy subsisting in the licensed premises on the day before the date of the reference order, and

the expression “the interest of the immediate lessor” means the estate or tenancy in the licensed premises which was subsisting on the day before the date of the reference order and was on that day next greater than or superior to the occupation interest.

Allocation of compensation. 43.—(1) The compensation or the part of the compensation (as the case may be) payable in respect of the occupation interest shall be paid to the person or one or more of the persons who on the day before the date of the reference order was or were interested in the occupation interest or his or their heirs, executors, administrators, or assigns, and the part (if any) of the compensation payable in respect of the interest of the immediate lessor shall be paid to the person or one or more of the persons who on the day before the date of the reference order was or were interested in the interest of the immediate lessor or the heirs, executors, administrators, or assigns of such person or persons.

(2) As soon as conveniently may be after making a compensation order the compensation authority shall by order (in this Part of this Act called an allocation order) determine the persons to whom and the proportions in which the compensation is payable having regard to all estates, trusts, charges, and encumbrances subsisting in or affecting the occupation interest or the interest of the immediate lessor (as the case may be) and may refer to his registrar the determination of any question or issue arising in the course of the determination of such persons or proportions, but every such determination by such registrar shall be subject to appeal to the compensation authority.

(3) An allocation order may be amended in such manner as justice may require (whether on account of events happening after the date of the order or otherwise) by the compensation authority at any time before the part of the compensation to which the amendment relates is paid.

(4) Whenever an allocation order is made or amended, the registrar to the compensation authority by whom such order was made shall forthwith transmit to the treasurer a copy of such order or the particulars of such amendment (as the case may be).

Payment of compensation. 44.—(1) Immediately upon receipt of a copy of a compensation order from the registrar to a compensation authority, the treasurer shall send to the Minister for Finance a requisition in writing requesting him to advance and pay into the proper compensation fund the amount of the compensation fixed by such order, and not later than the next following 30th day of September the said Minister shall out of moneys to be provided by the Oireachtas comply with such requisition.

(2) Within ten days after whichever of the following days is the later, that is to say:—

(a) the 30th day of September next following the date of a compensation order, or

(b) the day of the receipt by the treasurer of a copy of the allocation order relating to such compensation order,

the treasurer shall pay out of the compensation fund to the persons named in such allocation order in the proportions therein stated the amount of the compensation fixed by such compensation order.

Investment of compensation money. 45.—(1) Rules made under this Act for the management of compensation funds may provide for the investment of any compensation money for the time being in the hands of the treasurer and which, owing to the absence of an allocation order or for any other reason, cannot immediately be paid to the person entitled thereto.

(2) Whenever compensation money is invested under rules made by virtue of this section, all income earned by such investment and all accretions of capital accruing from such investment shall belong and be paid to the person to whom such compensation money ultimately becomes payable and all expenses and depreciations of capital incurred in or by such investment shall be borne by such person.

Gratuities to certain employees of holders of abolished licences. 46.—(1) Whenever a licence is abolished by virtue of an abolition order any person who—

(a) was in the employment of the holder of such licence for not less than five years prior to the date of the abolition of such licence, and

(b) was employed by such holder solely or mainly in connection with the licensed business carried on in the premises to which such licence was attached, and

(c) was discharged by such holder as the direct and immediate result of the abolition of such licence, and

(d) has been unemployed for three months after he was so discharged notwithstanding reasonable efforts on his part to obtain employment,

may be granted by order of the compensation authority by whom such abolition order was made a gratuity (in this section referred to as an unemployment gratuity) under and in accordance with this section.

(2) The amount of any unemployment gratuity shall not exceed a sum equal to three months wages of the person to whom the same is granted and such other sum as the compensation authority may consider reasonable in view of the fact that such person will have to bear his own costs of all proceedings in relation to such unemployment gratuity.

(3) Every application to the compensation authority for an unemployment gratuity shall be made not later than the 30th day of March next following the date on which the licence of the person by whom such applicant was employed was abolished, and every such application shall be heard and determined by the compensation authority not later than the 1st day of June next following the said 30th day of March.

(4) At the hearing of an application under the foregoing sub-section the following parties and no other party may be heard and adduce evidence, that is to say:—

(a) the applicant, and

(b) any holder of a licence in respect of premises situate in the licensing area, and

(c) the Attorney-General of Saorstát Eireann.

(5) Whenever an order (in this section referred to as an unemployment gratuity order) is made awarding an unemployment gratuity to any person the registrar to the compensation authority by whom such order was made shall forthwith transmit to the treasurer a copy of such order.

(6) Upon receipt of a copy of an unemployment gratuity order the treasurer shall forthwith send to the Minister for Finance a requisition in writing requesting him to advance and pay into the proper compensation fund the amount of the gratuity fixed by such order, and as soon as may be after the receipt of such requisition the said Minister shall out of moneys to be provided by the Oireachtas comply with such requisition, and thereupon the treasurer shall pay to the person named in the unemployment gratuity order the amount named therein.

(7) Every sum advanced and paid by the Minister for Finance to a compensation fund pursuant to a requisition by the treasurer under this section for the benefit of an ex-employee or ex-employees of the holder of a particular licence which was the subject of a compensation order shall for the purposes of the next succeeding section be added to and deemed to form part of the compensation money (hereinafter referred to as the original compensation money) actually fixed by such compensation order and shall be deemed to have been advanced and paid by the Minister for Finance to such compensation fund pursuant to the same requisition as that on which the original compensation money was advanced and paid by the Minister for Finance to such compensation fund and to have been so paid and advanced at the same time as the original compensation money was paid and advanced by the Minister for Finance to such compensation fund.

Compensation annuities. 47.—(1) Every sum advanced and paid by the Minister for Finance to a compensation fund pursuant to a requisition by the treasurer under this Part of this Act shall be repaid to the Exchequer by means of a terminable annuity (in this Part of this Act called a compensation annuity) calculated at the rate of seven pounds and ten shillings for every one hundred pounds of the sum so advanced and paid and so in proportion for any less sum and payable out of the licensing area to which the said compensation fund relates by the persons, at the times, and in the manner appointed by this Part of this Act.

(2) Every compensation annuity shall be payable yearly on the 1st day of October in every year for twenty years commencing on the 1st day of October in the year next after the year in which the sum to be repaid was advanced and paid to the compensation fund.

(3) So far as may be possible the total amount payable in respect of compensation annuities in any licensing area on any 1st day of October shall not exceed the total amount of the excise duties paid in respect of the year which commenced on the previous 1st day of October by holders of licences in respect of premises situate in such licensing area, and the compensation authority when considering whether to make or not to make an abolition order shall have regard to the provisions of this sub-section.

Apportionment of compensation annuities. 48.—(1) On or before the 15th day of July in every year the Minister shall make in respect of every compensation annuity payable in that year a draft order (in this Part of this Act called an apportionment order) apportioning such compensation annuity in the following manner amongst all the persons who on the 1st day of July in that year were the holders of licences then in force in respect of premises situate in the licensing area, that is to say, by apportioning to every such person a sum bearing the same proportion to the excise duty paid or payable in respect of the licensing year then current by such person or his predecessor for the licence then held by him as the amount of such compensation annuity bears to the total amount of all excise duties paid in respect of such licensing year by all such persons or their predecessors for the licences then held by them respectively.

(2) On the 15th day of July in every year or within one week thereafter the Minister shall deposit a copy of every draft apportionment order prepared in that year in some convenient place in the licensing area and shall publish in two or more newspapers circulating in the licensing area notice of the making of such draft apportionment order and of such deposit thereof and of the times at which the same may be inspected.

(3) Every draft apportionment order deposited under the foregoing sub-section shall continue so deposited for one month and during such month may be inspected during at least five hours on every day not being a Saturday, Sunday, or public holiday, by any officer of customs and excise and by any person on whom any sum is apportioned by such draft apportionment order and by any person who is the holder of a licence then in force in respect of premises in the licensing area.

(4) Any person on whom any sum is apportioned by a draft apportionment order may at any time between the date of the deposit under this section of such draft apportionment order and the next following 20th day of August object, by letter or notice in writing sent to the Minister, to such draft apportionment order on any one or more of the following grounds, that is to say:—

(a) that the amount apportioned on him or on any other person by such draft apportionment order is incorrect,

(b) that he should not be included in such draft apportionment order,

(c) that any person not included in such draft apportionment order should be included therein.

(5) The Minister shall consider every such objection so sent to him and shall on or before the 15th day of September make such amendments (if any) in the draft apportionment order to which the objection relates as appear to him on such consideration to be necessary.

(6) On the 15th day of September in every year every draft apportionment order prepared in that year shall become final, if amended under the foregoing sub-section, as so amended or, if not so amended, in the form in which it was when deposited under this section.

(7) In this section the expression “the licensing area” means the licensing area out of which the compensation annuity to which the draft apportionment order relates is payable under this Act.

Recovery of compensation annuities. 49.—(1) The amount apportioned on any person by an apportionment order shall be payable by such person not later than the 1st day of October next following the day on which such apportionment order becomes final under this Act to an officer of customs and excise and, if such person or a transferee from him obtains a certificate for a renewal or a transfer of the licence by reference to the duty on which such amount was apportioned, shall be paid at the same time and to the same officer of customs and excise as the excise duties on such licence are payable for the year commencing on the said 1st day of October, and no such renewal or transfer of such licence shall be granted by any such officer until the said amount is so paid.

(2) The amount apportioned on any person by an apportionment order shall be a debt due and payable by such person to the Minister for Finance on the 1st day of October next following the day on which such apportionment order becomes final under this Act and shall be recoverable from such person and his executors or administrators by the said Minister as a civil debt in any court of competent jurisdiction.

(3) The amount apportioned on any person by an apportionment order shall be a charge in favour of the Minister for Finance on the estate or tenancy hereinafter mentioned in the premises to which was attached the licence by reference to the duty on which the said amount was apportioned and such charge shall be deemed to be payable on the 1st day of October next after the day on which such apportionment order becomes final under this Act and such charge shall have priority over all estates, interests, and incumbrances existing on the said 1st day of October or arising or created thereafter (save as hereinafter excepted) and may be raised by the said Minister accordingly.

(4) A charge created by virtue of the foregoing sub-section shall not have priority over any quit rent or other charge incident to tenure or any rent-charge in lieu of tithes or any charge created under any Act passed before this Act authorising advances out of public moneys or the creation of charges in respect of improvements.

(5) The estate or tenancy on which a charge created by virtue of this section shall be charged shall, if the lowest or least estate or tenancy subsisting on the date of the creation of the charge is not less than a term of years of which at least five years are unexpired at that date, be such lowest or least estate or tenancy, but if such lowest or least estate or tenancy is at the said date less than such term of years then the said charge shall be charged on such lowest or least estate or tenancy and also on the estate or tenancy subsisting on the said date and then next greater than or next superior to such lowest or least estate or tenancy.

(6) Section 47 of the Local Registration of Title (Ireland) Act, 1891, shall have effect as if a charge created by virtue of this section were added to and included in the burdens mentioned in paragraphs (a) to (i) of that section.

(7) A certificate under the seal of the Minister for Finance that the amount apportioned by an apportionment order on any person is due and unpaid shall, in any proceedings under this section by the said Minister to recover such amount from any person or to raise the same out of any premises, be evidence until the contrary is proved that such amount is due and unpaid.

(8) The amount apportioned on any person by an apportionment order shall be deducted by the treasurer from any moneys payable to such person under any allocation order, and when so deducted shall be paid by such treasurer to the officer of customs and excise for the licensing area.

(9) The Revenue Commissioners shall keep separate accounts for every licensing area of all moneys paid to officers of customs and excise under this section in such licensing area.

Appeals and costs. 50.—No appeal shall lie from any order of a compensation authority and no such order shall award any costs to be paid by any party to any other party.

Surrender of leases. 51.—(1) Where any premises are held under a lease and the licence attached to such premises is abolished under this Part of this Act, the tenant of such premises may surrender the said premises, and on tendering a surrender thereof and on payment of all rent then due (including an apportioned part of the gale then accruing), the said tenant shall forthwith be discharged from all obligation to pay the rent or perform the covenants and conditions in such lease thenceforward.

(2) In this section the expressions “lease” and “tenant” have the meanings respectively assigned to them by the Landlord and Tenant Law Amendment Act (Ireland) 1860 .

Application of Increase of Rent and Mortgage Interest (Restrictions) Act, 1923. 52.—Whenever a licence is abolished by an abolition order and the premises to which such licence was attached were held under a contract of tenancy and were subject to a covenant, agreement or condition that the tenant of such premises should sell only intoxicating liquor purchased from or through his landlord (whether such covenant, agreement or condition extended to all intoxicating liquors or only to one or more particular class or classes of intoxicating liquor) then on and after the date of the abolition of such licence, the standard rent of the said premises shall be determined in accordance with the provisions of paragraph (b) of sub-section (1) of section 2 of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No.19 of 1923) notwithstanding the fact that the case may come within the provisions of paragraph (a) of sub-section (1) of the said section 2

Rules in relation to compensation authorities. 53.—The Minister for Justice may by order make rules regulating the procedure of compensation authorities under this Part of this Act.

Expenses. 54.—All expenses of carrying this Part of this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys to be provided by the Oireachtas.

PART V. Clubs.

Interpretation. 55.—(1) All words used in this Part of this Act which are also used in the Registration of Clubs (Ireland) Act, 1904 have the same meaning in this Part of this Act as they respectively have in that Act.

(2) In this Part of this Act the expression “sports club” means a club the main object of which is the promotion of any outdoor pastime, sport, game, or recreation amongst its members.

Prohibited hours in clubs. 56.—(1) In order that a club situate in a county borough or any part of the Dublin Metropolitan area may be eligible to be registered under the Registration of Clubs (Ireland) Act, 1904 the rules of the club shall (in addition to the matters mentioned in section 4 of the said Act) provide that no excisable liquor shall be supplied for consumption on the club premises to any person (other than a member of the club lodging in the club premises) or be consumed on the club premises by any person (other than a member of the club lodging in the club premises)—

(a) on any day (not being a Saturday or a Sunday or Good Friday, Christmas Day or Saint Patrick's Day) before the hour of ten o'clock in the morning or between the hours of three o'clock and five o'clock in the afternoon or after the hour of ten o'clock in the evening, or

(b) on any Saturday (not being Christmas Day or Saint Patrick's Day) before the hour of ten o'clock in the morning or between the hours of three o'clock and five o'clock in the afternoon or after the hour of half-past nine o'clock in the evening, or

(c) on any Sunday before the hour of one o'clock in the afternoon or between the hours of three o'clock and six o'clock in the afternoon or after the hour of nine o'clock in the evening, or

(d) at any time on Christmas Day, Good Friday, or Saint Patrick's Day.

(2) In order that a club situate outside the Dublin Metropolitan area but in an urban county district or a town having Commissioners under the Towns Improvement (Ireland) Act, 1854 the population of which district or town according to the census which is for the time being the last census exceeds five thousand may be eligible to be registered under the Registration of Clubs (Ireland) Act, 1904 the rules of the club shall (in addition to the matters mentioned in section 4 of the said Act) provide that no excisable liquor shall be supplied for consumption on the club premises to any person (other than a member of the club lodging in the club premises) or be consumed on the club premises by any person (other than a member of the club lodging in the club premises)—

(a) on any day (not being a Saturday or a Sunday, or Good Friday, Christmas Day, or Saint Patrick's Day) before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or

(b) on any Saturday (not being Christmas Day or Saint Patrick's Day) before the hour of ten o'clock in the morning or after the hour of half-past nine o'clock in the evening, or

(c) on any Sunday before the hour of one o'clock in the afternoon or between the hours of three o'clock and six o'clock in the evening or after the hour of nine o'clock in the evening, or

(d) at any time on Christmas Day, Good Friday, or Saint Patrick's Day.

(3) In order that a club situate in any place not being in the Dublin Metropolitan area a county borough or in such urban county district or town as is mentioned in the foregoing sub-section may be eligible for registration under the Registration of Clubs (Ireland) Act, 1904 the rules of the club shall (in addition to the matters mentioned in section 4 of the said Act) provide that no excisable liquor shall be supplied for consumption on the club premises to any person (other than a member of the club lodging in the club premises) or be consumed on the club premises by any person (other than a member of the club lodging in the club premises)—

(a) on any day (not being a Saturday or a Sunday or Good Friday, Christmas Day, or Saint Patrick's Day)—

(i) during a period appointed by or under the Summer Time Act, 1925 (No. 8 of 1925) to be a period of summer time, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or

(ii) during any time which is not appointed by or under the said Summer Time Act, 1925 , to be a period of summer time, before the hour of nine o'clock in the morning or after the hour of nine o'clock in the evening, or

(b) on any Saturday (not being Christmas Day or St. Patrick's Day)—

(i) during a period appointed by or under the Summer Time Act, 1925 to be a period of summer time, before the hour of ten o'clock in the morning or after the hour of half-past nine o'clock in the evening, or

(ii) during any time which is not appointed by or under the Summer Time Act, 1925 to be a period of summer time, before the hour of nine o'clock in the morning or after the hour of nine o'clock in the evening, or

(c) on any Sunday before the hour of one o'clock in the afternoon or between the hours of three o'clock and six o'clock in the evening or after the hour of nine o'clock in the evening, or

(d) at any time on Christmas Day, Good Friday, or Saint Patrick's Day.

(4) This section shall not apply to any club which at the passing of this Act is registered under the Registration of Clubs (Ireland) Act, 1904 until the expiration of the certificate of registration of such club which shall be in force at the expiration of two months from the passing of this Act.

Alternative prohibited hours in sports clubs. 57.—(1) A sports club shall be eligible to be registered under the Registration of Clubs (Ireland) Act, 1904 if instead of complying with the appropriate provisions of the preceding section the rules of such club (in addition to the matters mentioned in section 4 of the said Act) provide that no excisable liquor shall be supplied for consumption on the club premises to any person (other than a member of the club lodging in the club premises) or be consumed on the club premises by any person (other than a member of the club lodging in the club premises)—

(a) on any day (not being Sunday, Good Friday, Christmas Day or Saint Patrick's Day)—

(i) during the months of May, June, and July before the hour of half-past twelve o'clock in the afternoon or after the hour of half-past ten in the evening, or

(ii) during any month other than the months of May, June, and July before the hour of half-past twelve o'clock in the afternoon or after the hour of ten o'clock in the evening, or

(b) on any Sunday or Good Friday—

(i) during a period appointed by or under the Summer Time Act, 1925 (No. 8 of 1925) to be a period of summer time at any time except during such stated period or periods not exceeding in the whole seven hours and not commencing before the hour of one o'clock in the afternoon and not ending after the hour of ten o'clock in the evening, or

(ii) during any time which is not appointed to be a period of summer time, before the hour of one o'clock in the afternoon or after the hour of eight o'clock in the evening, or

(c) on Saint Patrick's Day before the hour of one o'clock in the afternoon or after the hour of eight o'clock in the evening, or

(d) on Christmas Day before the hour of twelve o'clock noon or after the hour of three o'clock in the afternoon.

Breach of club rules relating to prohibited hours. 58.—(1) If any excisable liquor is supplied for c