Intoxicating Liquor Act, 1962
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Amendment of section 17 of Act of 1960. |
32.—Section 17 (which relates to the licensing or certification of premises the subject of a declaration under section 15 of the Act of 1960) of the Act of 1960 is hereby amended by the substitution of the following subsection for subsection (1): | |
“(1) If, on the hearing of an application for the grant of a certificate entitling the applicant to receive a licence in respect of any premises, it is shown to the satisfaction of the Court— | ||
(a) that a declaration has been made by the Court under subsection (1) of section 15 of this Act, | ||
(b) that the premises have been acquired, constructed or altered in substantial accordance with the terms of the declaration, and | ||
(c) where the application is made pursuant to any provision of the Licensing Acts that provides for the extinguishing of one or more existing licences on the grant of the licence— | ||
(i) that the licence or each of the licences in respect of which it was shown to the satisfaction of the Court on the application for the declaration that the applicant was the holder thereof or had secured the consent of the holder to the extinguishing thereof is in force, or | ||
(ii) if such licence or licences or any of them is or are not in force, that the licence or licences not in force has not or have not been forfeited or extinguished and the premises to which it or they related have not been deemed, by virtue of any provision of the Licensing Acts, never to have been licensed, | ||
it shall not be open to the Court to refuse the application— | ||
(I) in a case where it is made pursuant to section 21 of the Act of 1943, on any ground, and | ||
(II) in any other case, on any ground other than the character, misconduct or unfitness of the applicant, | ||
and where, as respects a licence or licences and the premises to which it or they related, it is shown to the satisfaction of the Court that it or they comply with the provisions of subparagraph (ii) of paragraph (c) of this subsection, the licence or licences shall be deemed, for the purposes of the provisions of the Licensing Acts relating to the granting of licences, but not otherwise, to be in force and to relate to the premises to which it or they related and, on the grant of the new licence, shall accordingly be extinguished and the premises to which it or they related shall be deemed never to have been licensed.” |