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15 1952

TOURIST TRAFFIC ACT, 1952

Chapter II.

Hotels.

Hotel.

40. —(1) For the purposes of this chapter “hotel” means a house containing at least ten, or, if situate in a county borough, twenty apartments set apart and used exclusively for the sleeping accommodation of travellers and, unless licensed on the 31st day of July, 1902, or at any time between the 1st day of January, 1902, and that date, having no public bar for the sale of intoxicating liquor.

(2) The Dublin Metropolitan District shall be deemed to be a county borough for the purpose of this section.

Declaration as to fitness and convenience of proposed hotel.

41. —(1) Where a person proposes to construct or alter premises for use as an hotel and to apply to have the hotel licensed for the sale of intoxicating liquor, he may apply to the Circuit Court for a declaration that the proposed premises would be fit and convenient to be so licensed and the Court, if it is so satisfied, may grant the application on such terms as the Court may think fit.

(2) The intending applicant shall—

(a) cause to be inserted, at least twenty-one days before the making of the intended application, in a newspaper circulating in the place in which he proposes to have the premises, notice of his intention to make the application,

(b) give to the Superintendent of the Garda Síochána, within whose district he proposes to have the premises, at least twenty-one days' notice in writing of his intention to make the application, and

(c) cause to be deposited with the said Superintendent a copy of the plans of the proposed premises.

(3) The application shall be accompanied by a plan of the proposed premises.

(4) Any person who would be entitled to object to an application for a certificate entitling the applicant to a licence in respect of the premises shall be entitled to object in like manner to the application under this section.

(5) A declaration under this section shall remain in force for three years from the grant of the application or for such longer period as the Court may in any particular case think proper to provide.

Licensing of hotel.

42. —(1) If, on the hearing of an application for a certificate entitling the applicant to a licence for the sale of intoxicating liquor in respect of an hotel, it is shown to the satisfaction of the Court that the premises have been constructed or altered in substantial accordance with the terms of a declaration under section 41 and are registered in the register of hotels kept by the Board, the Court shall not receive any objection to the application grounded upon the unfitness or inconvenience of the premises or the number of previously licensed houses in the neighbourhood.

(2) An application for a certificate for the renewal of a licence for premises, in respect of which effect was given to subsection (1), shall not be granted unless it is shown to the satisfaction of the Court—

(a) that the premises are registered in the register of hotels kept by the Board, and

(b) in the case of every such application other than that made in the year following the year in which effect was given to the said subsection (1), that the excise duty payable under the Finance (1909-10) Act, 1910, on the current licence was a reduced duty under section 45 of that Act, and that the Revenue Commissioners are satisfied that the receipts from the sale of intoxicating liquor were in the preceding year for the purposes of that section less than one-third of the total receipts in that year from the business of all descriptions carried on by the licence-holder in the premises.

(3) A certificate purporting to be under the hand of an officer of the Revenue Commissioners authorised in that behalf by the Commissioners that the Commissioners are satisfied as aforesaid shall be evidence that they are so satisfied, without further proof.