Intoxicating Liquor Act, 1946

I mbeagán focal

This law amends and extends existing licensing acts to allow for the licensing of certain premises located in bogs for the sale of intoxicating liquor. It establishes a specific process for granting, renewing, transferring, and varying these licenses.

Cad a rialaíonn sé

The grant and renewal of "on-licences" for premises in bogs.
The transfer of these "on-licences" to new individuals.
The variation of the premises to which an "on-licence" applies within a bog.
The exclusion of certain provisions of the Intoxicating Liquor Act, 1927, for licenses attached to licensed bog premises.

Cé dó a mbaineann sé

Individuals seeking to obtain or hold a license for the sale of intoxicating liquor in bog premises.
The Minister for Industry and Commerce, who approves the grant, renewal, transfer, and variation of these licenses.
The Revenue Commissioners, who issue and amend the licenses based on the Minister's approval.

Príomhphointí

An "on-licence" permits the sale of intoxicating liquor for consumption either on or off the premises.
The Minister for Industry and Commerce must be satisfied that it is "expedient" to grant an "on-licence" for bog premises and that the applicant is a "fit and proper person."
The Minister issues a certificate of approval, which the Revenue Commissioners then use to grant, renew, or transfer the "on-licence."
Variations to the licensed premises within a bog, such as extensions or exclusions, also require the Minister's approval and a certificate.

Legal text

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s)or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1946 Intoxicating Liquor Act, 1946 Intoxicating Liquor Act, 1946 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 33 of 1946. INTOXICATING LIQUOR ACT, 1946. ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. Grant and renewal of licences in respect of premises in a bog. 3. Transfer and variation of licences in respect of premises in a bog. 4. Exclusion of certain provisions of the Intoxicating Liquor Act, 1927. 5. Short title, construction, and collective citation. Acts Referred to Intoxicating Liquor Act, 1927 No. 15 of 1927 Number 33 of 1946. INTOXICATING LIQUOR ACT, 1946. AN ACT TO AMEND AND EXTEND THE LICENSING ACTS, 1833 TO 1943, BY PROVIDING FOR THE LICENSING OF CERTAIN PREMISES IN CERTAIN BOGS. [17th December, 1946.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— Definitions. 1.—In this Act— the expression “bog premises” means all the buildings for the time being erected in a bog irrespective of the purpose for which such premises are used; the expression “licensed bog premises” means premises in a bog in respect of which a licence for the sale of intoxicating liquor granted or renewed by virtue of this Act is for the time being subsisting, whether such premises are the whole or a part only of the bog premises in such bog; the expression “the Minister” means the Minister for Industry and Commerce; the expression “on-licence” means a licence for the sale of intoxicating liquor for consumption either on or off the premises. Grant and renewal of licences in respect of premises in a bog. 2.—

(1)Whenever the Minister is satisfied that it is expedient that an on-licence should be granted in respect of the whole or a particular part of any particular bog premises, the Minister may issue to a person who appears to him to be a fit and proper person to hold such on-licence a certificate certifying that the Minister approves of the grant by the Revenue Commissioners to the said person (who shall be named in the certificate) of an on-licence in respect of specified premises which are either the whole or a part of the said bog premises.

(2)On presentation to the Revenue Commissioners of a certificate issued by the Minister under subsection

(1)of this section, the Revenue Commissioners shall, notwithstanding anything contained in the Licensing Acts, 1833 to 1943, grant to the person named in that behalf in the certificate an on-licence in respect of the premises specified in that behalf in the certificate.

(3)Whenever an on-licence granted or renewed under this section is subsisting, the Minister may, if he so thinks proper, issue to the holder of such on-licence a certificate certifying that the Minister approves of the renewal of the on-licence to the holder thereof in respect of the said bog premises.

(4)On presentation to the Revenue Commissioners of a certificate issued by the Minister under subsection

(3)of this section, the Revenue Commissioners shall, notwithstanding anything contained in the Licensing Acts, 1833 to 1943, grant a renewal of the said on-licence to the holder thereof. Transfer and variation of licences in respect of premises in a bog. 3.—

(1)Whenever it appears to the Minister to be expedient that an on-licence granted or renewed under this Act and for the time being subsisting should, because of the death of the holder thereof or for any other reason, be transferred to a particular person who appears to the Minister to be a fit and proper person to hold such on-licence, the Minister may issue to the said person a certificate certifying that the Minister approves of the transfer of the licence to that person.

(2)On presentation to the Revenue Commissioners of a certificate issued by the Minister under subsection

(1)of this section, the Revenue Commissioners shall, notwithstanding anything contained in the Licensing Acts, 1833 to 1943, transfer the on-licence to which the certificate relates to the person specified in that behalf in the certificate.

(3)Whenever it appears to the Minister to be expedient for any reason that the premises to which an on-licence granted or renewed under this Act and for the time being subsisting relates should be varied in any particular respect, other than applying such on-licence to premises which are not part of any bog premises, the Minister may issue to the holder of such on-licence a certificate certifying whichever one or more of the following things is appropriate in the circumstances, that is to say: (

a)that the Minister approves of the extension of the said on-licence to a specified part of the bog premises to another part of which it already applies; (
b)that the Minister approves of the exclusion from the premises to which the said on-licence applies of a specified part of those premises; (
c)that the Minister approves of the transfer of the said on-licence from the premises to which it applies to another part of the same bog premises.

(4)On presentation to the Revenue Commissioners of a certificate issued by the Minister under subsection

(3)of this section, the Revenue Commissioners shall, notwithstanding anything contained in the Licensing Acts, 1833 to 1943, amend the on-licence to which such certificate relates in accordance with the approval of the Minister as stated in the certificate. Exclusion of certain provisions of the Intoxicating Liquor Act, 1927. 4.—In Part IV of the Intoxicating Liquor Act, 1927 (No. 15 of 1927), the word “licence” shall not include a licence attached to a licensed bog premises, and the said Part IV (and in particular subsection

(3)of section 36 thereof) shall be construed and have effect accordingly. Short title, construction, and collective citation. 5.—

(1)This Act may be cited as the Intoxicating Liquor Act, 1946.

(2)This Act shall be construed as one with the Licensing Acts, 1833 to 1943, and may be cited with those Acts as the Licensing Acts, 1833 to 1946. Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais

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