Intoxicating Liquor Act, 1927

Grant of new off-licence in lieu of an on-licence.

62.—(1) The holder of an on-licence (in this section referred to as the on-licence) in respect of premises situate in a county borough may apply at the annual licensing District Court next after the passing of this Act that in lieu of a certificate for the renewal of the on-licence there be granted to him in respect of the said premises a certificate for a new spirit retailer's off-licence or a certificate for a new beer retailer's off-licence or certificates for both such new licences.

(2) When an application under the foregoing sub-section is made the Justice of the District Court, if he is satisfied that a certificate for the renewal of the on-licence might have been granted and that the sale of intoxicating liquor for consumption on the premises is not the principal business carried on in the premises to which the on-licence is attached, may, if he so thinks fit, grant to such applicant the certificate or certificates so applied for by him.

(3) When an application under sub-section (1) of this section is granted, a new licence or new licences shall notwithstanding anything to the contrary contained in any other Act be granted to the applicant in accordance with the certificate or certificates granted to him in pursuance of such application.

(4) When a new licence or licences is or are granted under the foregoing sub-section no new on-licence shall at any time thereafter be granted in respect of the premises to which such new licence or licences is or are attached.

(5) When an application under sub-section (1) of this section is refused such application shall be treated as an application for a certificate for the renewal of the on-licence and dealt with accordingly.

(6) In this section the expressions “spirit retailer's off-licence” and “beer retailer's off-licence” have the same meanings as such expressions respectively have in the Finance (1909-10) Act, 1910 .