Intoxicating Liquor Act, 1953

• Jurisdiction: Ireland
• Citation: IR No. 30/1953
• Year: 1953

Number 30 of 1953.
INTOXICATING LIQUOR ACT, 1953.
ARRANGEMENT OF SECTIONS
Section 1. Interpretation. 2. Grant of licence. 3. Renewal of licence. 4. Amendment of licence. 5. Modification of Act of 1927. 6. Local authority certificate approving site for licensed premises. 7. Licensing of new premises. 8. Declaration as to fitness and convenience of proposed premises. 9. Licensing of premises built in accordance with plans approved by Court. 10. Short title and collective citation.
Acts Referred to Intoxicating Liquor Act, 1927 No. 15 of 1927
Number 30 of 1953.
INTOXICATING LIQUOR ACT, 1953.
AN ACT TO PROVIDE FOR THE LICENSING, FOR THE SALE OF INTOXICATING LIQUOR, OF THE OMNIBUS STATION OF CÓRAS IOMPAIR ÉIREANN IN ÁRAS MHIC DHIARMADA AT STORE STREET, DUBLIN, AND OF NEW PREMISES ERECTED IN CONSEQUENCE OF THE DEMOLITION BY LOCAL AUTHORITIES OF EXISTING LICENSED PREMISES AND FOR OTHER MATTERS CONNECTED THEREWITH. [2nd December, 1953.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
	Interpretation.	1.—(1) In this Act—
	“the Act of 1902” means the Licensing (Ireland) Act, 1902 ;
	“the Act of 1927” means the Intoxicating Liquor Act, 1927 (No. 15 of 1927);
	“the Board” means Córas Iompair Éireann;
	“the Court” means, in relation to proceedings in respect of an on-licence, the Circuit Court, and, in relation to proceedings in respect of an off-licence, the District Court;
	“the Licensing Acts” means the Licensing Acts, 1833 to 1952;
	“licensed premises” means premises licensed for the sale by retail of intoxicating liquor;
	“the Minister” means the Minister for Industry and Commerce;
	“the omnibus station” means the Board's omnibus station in Áras Mhic Dhiarmada at Store Street, in the city of Dublin.
	(2) The Licensing Acts and this Act shall be construed as one.
Omnibus Station.
	Grant of licence.	2.—(1) The Minister, if he thinks it proper that an on-licence should be granted to the Board in respect of any particular part of the omnibus station, may issue to the Board a certificate approving of the grant of the licence.
	(2) The Revenue Commissioners shall grant the licence on presentation of the certificate to them.
	Renewal of licence.	3.—(1) The Minister, if he so thinks proper, may from time to time issue to the Board a certificate approving of the renewal of the licence.
	(2) The Revenue Commissioners shall renew the licence on presentation of the certificate to them.
	Amendment of licence.	4.—(1) The Minister, if he thinks it proper that the licence should be extended or transferred to another part of the omnibus station or should cease to apply to any part of the station, may issue to the Board a certificate approving of the alteration.
	(2) Whenever such a certificate is presented to the Revenue Commissioners, they shall amend the licence accordingly.
	Modification of Act of 1927.	5.—(1) Section 3 of the Act of 1927 (which relates to mixed trading) shall not apply to premises licensed under section 2.
	(2) Section 5 (which relates to special exemption orders) and section 13 (which relates to the supply of intoxicating liquor with a meal) of the Act of 1927 shall apply in relation to premises licensed under section 2.
	(3) Part IV of the Act of 1927 (which relates to the reduction of licences) shall not apply to a licence under section 2.
Premises demolished by Local Authority
	Local authority certificate approving site for licensed premises.	6.—(1) A local authority may, if they think fit, issue to any person a certificate declaring that—
	(a) after the passing of this Act particular licensed premises have been or are to be demolished by or by direction of the authority in exercise of any of their functions, and
	(b) a particular site acquired by them is approved by them as a site for licensed premises in substitution for the former premises.
	(2) The local authority shall not issue a certificate to any person other than the person (or nominee of the person) who holds the lowest estate or tenancy in the premises or, where the premises have been acquired by the local authority, held it immediately before such acquisition unless that person has been offered and has not accepted a certificate.
	(3) Where the lowest estate or tenancy is subject to a condition (whether in respect of intoxicating liquor generally or any class of intoxicating liquor) that the holder of such estate or tenancy shall sell only such liquor purchased from or through the immediate lessor, then, for the purpose of subsection (2), the immediate lessor shall be deemed to be the person who holds (or held) the lowest estate or tenancy.
	Licensing of new premises.	7.—(1) Where the holder of a certificate...