Intoxicating Liquor Act, 1962

Temporary transfer of licence.

34.—(1) The power of a Justice of the District Court under the Licensing Acts to transfer temporarily an on-licence or an off-licence upon the death of the holder of the licence shall include power to transfer the licence to any person (being a person approved of by the Court and not disqualified by law) nominated by the executor or administrator of the holder or, if there is no executor or administrator, by any person having an interest in the premises to which the licence relates, and the transfer shall operate to authorise the person to whom the licence is transferred to carry on in the premises to which the licence relates the business authorised by the licence until the date of the sitting of the annual licensing District Court in the Court area in which the premises are situate held next after the expiration of one month from the date of the transfer, or if the Court should then, or on any subsequent application to it, think fit to so order, until the sitting of such annual licensing District Court in the year, or in the second year (as the Court may think fit to order) after the sitting aforesaid.

(2) Where a licence has been transferred by virtue of subsection (1) of this section, the licence may, on application by the nominator of the transferee to the Court at any sitting thereof for the District Court District within which the premises are situate, be transferred, by endorsement made by the Court on the licence or, if the licence is not available, on a copy thereof, to such other person (being a person approved of by the Court and not disqualified by law) as the nominator may nominate.

(3) In this section “off-licence” and “on-licence” have the meanings assigned to them by the Act of 1927.