First Previous (PART III. Endorsement of Licences.) Next (PART V. Clubs.)

15 1927

INTOXICATING LIQUOR ACT, 1927

PART IV.

Reduction of Licences.

Interpretation.

36. —(1) In this Part of this Act all references to a licensing area in relation to premises shall be construed as referring to the licensing area in which such premises are situate and all references to a licensing area in relation to a licence or to the holder of a licence shall be construed as referring to the licensing area in which are situate the premises to which such licence is attached.

(2) In this Part of this Act all references to a compensation authority in relation to a licensing area shall be construed as referring to the compensation authority for such licensing area and all references to a compensation authority in relation to a licence shall be construed as referring to the compensation authority for the licensing area in which are situate the premises to which such licence is attached.

(3) In this Part of this Act—the word “licence” means a licence for the sale by retail of intoxicating liquor for consumption on the premises but does not include a licence attached to—

(i) a hotel or restaurant which has no bar for the sale of intoxicating liquor, or

(ii) a theatre, or

(iii) a railway refreshment room, or

(iv) a canteen held under the authority of the Minister for Defence, and

the expression “licensed premises” means (save where otherwise expressly stated) premises in respect of which a licence has been granted and is in force.

Compensation Authorities.

37. —(1) There shall be a compensation authority for every licensing area and such compensation authority shall be the Judge or the deputy or assistant Judge of the Circuit Court who is for the time being exercising jurisdiction in the county or county borough in which is situate the courthouse in which the sittings of the District Court for the transaction of licensing business for the licensing area are for the time being usually held.

(2) The county registrar within whose area of jurisdiction the said court-house for any licensing area is situate shall act as registrar to the compensation authority for such licensing area.

(3) There shall be attached to every compensation authority an assessor who shall advise the compensation authority to which he is attached on any matter relating to the assessment of compensation under this Act which may be referred to him by such compensation authority.

(4) Every assessor to a compensation authority shall be appointed by the Minister and shall be an auctioneer, surveyor, valuer, or other person having experience in the sale or valuation of licensed premises and unless he sooner dies or resigns, shall hold office for five years only from the date of his appointment but shall be eligible for re-appointment.

(5) Every assessor to a compensation authority may be removed from office at any time by the Minister with the concurrence of the compensation authority for misconduct or incapacity.

(6) Every assessor to a compensation authority shall be paid out of moneys provided by the Oireachtas such remuneration, whether by salary or fees, as the Minister shall with the sanction of the Minister for Finance direct.

(7) The same person may be appointed to be assessor of two or more compensation authorities.

(8) No person engaged or concerned in the manufacture or sale of intoxicating liquor shall be appointed to be assessor to a compensation authority.

Compensation funds.

38. —(1) There shall be established for every licensing area a fund to be known as the compensation fund of the licensing area.

(2) The principal officer of the Department of Justice or such other officer of the Minister as the Minister shall from time to time direct shall be the treasurer of every compensation fund established under this section and in this Part of this Act the expression “the treasurer” means the said officer who is for the time being such treasurer.

(3) The Minister may, with the consent of the Minister for Finance, make rules for the management of compensation funds established under this Act and for the keeping and audit of the accounts of such funds.

Ground for abolition of licences.

39. —(1) A licence may be abolished under this Part of this Act on the following and no other ground, that is to say, that there are in the licensing area too many licensed premises and that the said licence should be abolished in preference to any other licence attached to premises in the licensing area.

(2) In considering whether there are or are not too many licensed premises in a licensing area the District Court or the compensation authority (as the case may be) shall have regard to the character (whether residential, agricultural, manufacturing, or otherwise) of the licensing area, the number of licensed premises in the area in proportion to the population of the area, the volume of business done by licensed premises in the area, the amount of drunkenness in the area, and any other matter which appears to the District Court or the compensation authority (as the case may be) to be relevant.

(3) In considering whether a licence should or should not be abolished in preference to other licences the District Court or the compensation authority (as the case may be) shall regard the following matters as reasons in favour of the abolition of the licence in preference to other licences, that is to say:—

(a) that the volume of business transacted in the premises to which the licence is attached is small,

(b) that the structural condition and state of repair of the said premises is bad,

(c) that the accommodation in the said premises for customers is unsatisfactory in character or extent,

(d) that the business carried on in the said premises is not properly conducted,

(e) that the situation of the said premises is such as to render supervision thereof by the police difficult.

Reference orders.

40. —(1) Any officer of the Gárda Síochána may apply to the District Court at the annual licensing district court for a licensing area to have the question whether a particular licence attached to premises situate in such licensing area should or should not be abolished referred to the compensation authority.

(2) The District Court shall not entertain an application under this section unless or until satisfied that not less than ten days before the annual licensing district court at which the application is proposed to be made notice in writing of the intention to make the application was given to the holder of the licence to which the application relates and to the district court clerk.

(3) On the hearing of an application under this section the Court, if satisfied that a prima facie case has been established for the abolition of the licence to which the application relates, shall make an order (in this Part of this Act called a reference order) referring the question of the abolition of such licence to the compensation authority for the licensing area, and if not so satisfied shall dismiss the application without prejudice to the making of a fresh application in relation to the same licence at a subsequent annual licensing district court.

(4) Whenever a reference order is made the district court clerk shall forthwith transmit a copy of the order to the registrar to the compensation authority.

(5) On the hearing of an application under this section the officer of the Gárda Síochána making the application and the holder of the licence to which the application relates and no other party shall be entitled to be heard and adduce evidence.

(6) No appeal shall lie from an order of the District Court on an application under this section and no such order shall award any costs to be paid by either party to the other party.

(7) The making of a reference order in respect of a licence shall not prejudice or affect the renewal of such licence or the granting of a certificate for such renewal.

Abolition orders.

41. —(1) As soon as conveniently may be after the making of a reference order and in any event not later than the next following 31st day of December the compensation authority named in the reference order shall hear and determine the question whether the licence the subject of such reference order should or should not be abolished, and if on such hearing the compensation authority determines that such licence should be abolished the compensation authority shall make an order (in this Part of this Act referred to as an abolition order) abolishing such licence at midnight on the next following 30th day of September.

(2) If on any such hearing as is mentioned in the foregoing sub-section the compensation authority determines that the licence the subject of the hearing should not be abolished the compensation authority shall make an order that such licence be not then abolished, but every such order shall be without prejudice to the institution of fresh proceedings in any subsequent year for the abolition of such licence.

(3) Every abolition order shall operate to abolish the licence the subject of the order as at and from midnight on the 30th day of September next following the date of the order, and such licence shall not be renewed for any period after that date nor shall any new licence be granted at any time after the date of such abolition order in respect of the premises or any part of the premises to which such licence was attached.

(4) On a hearing under this section by a compensation authority an officer of the Gárda Síochána and the holder of the licence to which the hearing relates and no other party shall be entitled to be heard and adduce evidence.

(5) In and by every abolition order the compensation authority shall appoint a convenient date not later than the next following 30th day of April for the sitting to fix the amount of the compensation in respect of the abolition of the licence to which the order relates.

(6) Whenever an abolition order is made the registrar to the compensation authority by whom such order was made shall forth-with publish in the Iris Oifigiúil a notice of the making of such order, containing such particulars as the Minister for Justice may direct.

Compensation on abolition of licence.

42. —(1) Whenever an abolition order is made compensation shall be paid in accordance with the provisions of this Part of this Act in respect of the abolition of the licence to which the order relates.

(2) On the date appointed for that purpose in the abolition order or on the first opportunity thereafter, but not in any case later than the 30th day of April next after the date of the abolition order, the compensation authority shall by order (in this Part of this Act called a compensation order) fix the amount of the compensation payable under this section in consequence of such abolition order and at the sitting for fixing such amount the following parties and no other party may be heard and adduce evidence, that is to say:—

(a) any person claiming to be entitled to receive the compensation or portion thereof, and

(b) any holder of a licence in respect of premises in the licensing area, and

(c) the Attorney-General of Saorstát Eireann.

(3) The compensation payable under this section shall be—

(a) the loss of value, ascertained as hereinafter mentioned, in respect of the occupation interest by reason of the abolition of the licence, together with

(b) if in the opinion of the compensation authority there has been a loss of value in respect of the interest of the immediate lessor by reason of the abolition of the licence, such loss of value ascertained as hereinafter mentioned, together with

(c) in any case such additional sum as the compensation authority shall consider reasonable in view of the fact that the parties receiving the compensation have to bear their own costs of all proceedings in relation to the compensation and, in the case of the holder of the licence, of the reference order and the abolition order.

(4) For the purpose of the foregoing sub-section the loss of value shall be the difference between the following values, that is to say:—

(a) the value in the opinion of the compensation authority after consultation with the assessor, of the occupation interest or of the interest of the immediate lessor (as the case may be) in the open market on the day before the date of the reference order if sold, in the case of the occupation interest, with the licence attached thereto and all trade fixtures in the licensed premises on the said day and with clear possession to the purchaser, or, in the case of the interest of the immediate lessor, on the basis that the licence is subsisting and with the benefit of the rights (if any) of the immediate lessor in respect of the licence, and

(b) the value in the opinion of the compensation authority after consultation with the assessor, of the said interest in the open market on the said day if sold, in the case of the occupation interest, without the said licence and without the said fixtures but with clear possession to the purchaser, or, in the case of the interest of the immediate lessor, on the basis that the licence is not subsisting.

(5) When fixing the amount of the compensation the compensation authority shall also by the same order determine whether any and, if any, how much of the compensation is payable in respect of the interest of the immediate lessor.

(6) If the compensation authority determines that any part of the compensation is payable in respect of the interest of the immediate lessor, the residue of the compensation shall be deemed to be payable in respect of the occupation interest, and, if the compensation authority determines that no part of the compensation is payable in respect of the interest of the immediate lessor, the whole of the compensation shall be deemed to be payable in respect of the occupation interest.

(7) Sub-sections (3), (4), (5), and (6) of this section shall not apply where the occupation interest is subject to a covenant, agreement, or condition that the owner thereof shall sell only intoxicating liquor purchased from or through the immediate lessor (whether such covenant, agreement, or condition extends to all intoxicating liquors or only to one or more particular class or classes of intoxicating liquor), and in lieu of the said sub-sections the following provisions shall apply, that is to say:—

(a) the compensation payable under this section shall be the loss of value, ascertained as hereinafter mentioned, in respect of the interest of the immediate lessor by reason of the abolition of the licence, together with such additional sum as the compensation authority shall consider reasonable in view of the fact that the parties receiving the compensation (including the holder of the licence) have to bear their own costs of all proceedings in relation to the compensation and, in the case of the holder of the licence, of the reference order and the abolition order;

(b) the said loss of value shall be the difference between the following values, that is to say:—

(i) the value in the opinion of the compensation authority, after consultation with the assessor, of the interest of the immediate lessor in the open market on the day before the date of the reference order if sold with all trade fixtures belonging to the immediate lessor and in the licensed premises on the said day and on the basis that the occupation interest had been determined, and that the licence was attached to the interest of the immediate lessor, and that clear possession of the licensed premises would be given to the purchaser, and

(ii) the value in the opinion of the compensation authority, after consultation with the assessor, of the interest of the immediate lessor in the open market on the day before the date of the reference order if sold without the said fixtures and on the basis that the occupation interest had been determined, that no licence was attached to the licensed premises, and that clear possession would be given to the purchaser;

(c) when fixing the amount of the compensation the compensation authority shall also by the same order determine how much of the compensation is to be paid in respect of the occupation interest and in making such determination shall have regard to the nature of the occupation interest, the conduct of the owner thereof, the length of time during which he and his predecessors had been owners of the said interest, and the circumstances in which he acquired the said interest and shall also have regard to the fact that the owner of the occupation interest has to bear his own costs of the reference order, the abolition order, and the proceedings in relation to the compensation;

(d) every covenant, condition, and agreement (whenever made) whereby the owner of the occupation interest would be bound to pay to or hold in trust for the immediate lessor the portion or any part of the portion of the compensation determined to be payable in respect of the occupation interest shall be void and of no effect; and

(e) so much of the compensation as is not determined by the compensation authority to be payable in respect of the occupation interest shall be deemed to be payable in respect of the interest of the immediate lessor.

(8) Whenever a compensation order is made, the registrar to the compensation authority by whom such order was made shall forthwith transmit to the treasurer a copy of such order.

(9) In this section and in the next following section—

the expression “the licensed premises” means the premises to which the licence extends together with such other premises (if any) as were on the day before the date of the reference order usually occupied with the first-mentioned premises and without which such first-mentioned premises could not conveniently and would not reasonably be offered for sale,

the expression “the occupation interest” means the least or lowest estate or tenancy subsisting in the licensed premises on the day before the date of the reference order, and

the expression “the interest of the immediate lessor” means the estate or tenancy in the licensed premises which was subsisting on the day before the date of the reference order and was on that day next greater than or superior to the occupation interest.

Allocation of compensation.

43. —(1) The compensation or the part of the compensation (as the case may be) payable in respect of the occupation interest shall be paid to the person or one or more of the persons who on the day before the date of the reference order was or were interested in the occupation interest or his or their heirs, executors, administrators, or assigns, and the part (if any) of the compensation payable in respect of the interest of the immediate lessor shall be paid to the person or one or more of the persons who on the day before the date of the reference order was or were interested in the interest of the immediate lessor or the heirs, executors, administrators, or assigns of such person or persons.

(2) As soon as conveniently may be after making a compensation order the compensation authority shall by order (in this Part of this Act called an allocation order) determine the persons to whom and the proportions in which the compensation is payable having regard to all estates, trusts, charges, and encumbrances subsisting in or affecting the occupation interest or the interest of the immediate lessor (as the case may be) and may refer to his registrar the determination of any question or issue arising in the course of the determination of such persons or proportions, but every such determination by such registrar shall be subject to appeal to the compensation authority.

(3) An allocation order may be amended in such manner as justice may require (whether on account of events happening after the date of the order or otherwise) by the compensation authority at any time before the part of the compensation to which the amendment relates is paid.

(4) Whenever an allocation order is made or amended, the registrar to the compensation authority by whom such order was made shall forthwith transmit to the treasurer a copy of such order or the particulars of such amendment (as the case may be).

Payment of compensation.

44. —(1) Immediately upon receipt of a copy of a compensation order from the registrar to a compensation authority, the treasurer shall send to the Minister for Finance a requisition in writing requesting him to advance and pay into the proper compensation fund the amount of the compensation fixed by such order, and not later than the next following 30th day of September the said Minister shall out of moneys to be provided by the Oireachtas comply with such requisition.

(2) Within ten days after whichever of the following days is the later, that is to say:—

(a) the 30th day of September next following the date of a compensation order, or

(b) the day of the receipt by the treasurer of a copy of the allocation order relating to such compensation order,

the treasurer shall pay out of the compensation fund to the persons named in such allocation order in the proportions therein stated the amount of the compensation fixed by such compensation order.

Investment of compensation money.

45. —(1) Rules made under this Act for the management of compensation funds may provide for the investment of any compensation money for the time being in the hands of the treasurer and which, owing to the absence of an allocation order or for any other reason, cannot immediately be paid to the person entitled thereto.

(2) Whenever compensation money is invested under rules made by virtue of this section, all income earned by such investment and all accretions of capital accruing from such investment shall belong and be paid to the person to whom such compensation money ultimately becomes payable and all expenses and depreciations of capital incurred in or by such investment shall be borne by such person.

Gratuities to certain employees of holders of abolished licences.

46. —(1) Whenever a licence is abolished by virtue of an abolition order any person who—

(a) was in the employment of the holder of such licence for not less than five years prior to the date of the abolition of such licence, and

(b) was employed by such holder solely or mainly in connection with the licensed business carried on in the premises to which such licence was attached, and

(c) was discharged by such holder as the direct and immediate result of the abolition of such licence, and

(d) has been unemployed for three months after he was so discharged notwithstanding reasonable efforts on his part to obtain employment,

may be granted by order of the compensation authority by whom such abolition order was made a gratuity (in this section referred to as an unemployment gratuity) under and in accordance with this section.

(2) The amount of any unemployment gratuity shall not exceed a sum equal to three months wages of the person to whom the same is granted and such other sum as the compensation authority may consider reasonable in view of the fact that such person will have to bear his own costs of all proceedings in relation to such unemployment gratuity.

(3) Every application to the compensation authority for an unemployment gratuity shall be made not later than the 30th day of March next following the date on which the licence of the person by whom such applicant was employed was abolished, and every such application shall be heard and determined by the compensation authority not later than the 1st day of June next following the said 30th day of March.

(4) At the hearing of an application under the foregoing sub-section the following parties and no other party may be heard and adduce evidence, that is to say:—

(a) the applicant, and

(b) any holder of a licence in respect of premises situate in the licensing area, and

(c) the Attorney-General of Saorstát Eireann.

(5) Whenever an order (in this section referred to as an unemployment gratuity order) is made awarding an unemployment gratuity to any person the registrar to the compensation authority by whom such order was made shall forthwith transmit to the treasurer a copy of such order.

(6) Upon receipt of a copy of an unemployment gratuity order the treasurer shall forthwith send to the Minister for Finance a requisition in writing requesting him to advance and pay into the proper compensation fund the amount of the gratuity fixed by such order, and as soon as may be after the receipt of such requisition the said Minister shall out of moneys to be provided by the Oireachtas comply with such requisition, and thereupon the treasurer shall pay to the person named in the unemployment gratuity order the amount named therein.

(7) Every sum advanced and paid by the Minister for Finance to a compensation fund pursuant to a requisition by the treasurer under this section for the benefit of an ex-employee or ex-employees of the holder of a particular licence which was the subject of a compensation order shall for the purposes of the next succeeding section be added to and deemed to form part of the compensation money (hereinafter referred to as the original compensation money) actually fixed by such compensation order and shall be deemed to have been advanced and paid by the Minister for Finance to such compensation fund pursuant to the same requisition as that on which the original compensation money was advanced and paid by the Minister for Finance to such compensation fund and to have been so paid and advanced at the same time as the original compensation money was paid and advanced by the Minister for Finance to such compensation fund.

Compensation annuities.

47. —(1) Every sum advanced and paid by the Minister for Finance to a compensation fund pursuant to a requisition by the treasurer under this Part of this Act shall be repaid to the Exchequer by means of a terminable annuity (in this Part of this Act called a compensation annuity) calculated at the rate of seven pounds and ten shillings for every one hundred pounds of the sum so advanced and paid and so in proportion for any less sum and payable out of the licensing area to which the said compensation fund relates by the persons, at the times, and in the manner appointed by this Part of this Act.

(2) Every compensation annuity shall be payable yearly on the 1st day of October in every year for twenty years commencing on the 1st day of October in the year next after the year in which the sum to be repaid was advanced and paid to the compensation fund.

(3) So far as may be possible the total amount payable in respect of compensation annuities in any licensing area on any 1st day of October shall not exceed the total amount of the excise duties paid in respect of the year which commenced on the previous 1st day of October by holders of licences in respect of premises situate in such licensing area, and the compensation authority when considering whether to make or not to make an abolition order shall have regard to the provisions of this sub-section.

Apportionment of compensation annuities.

48. —(1) On or before the 15th day of July in every year the Minister shall make in respect of every compensation annuity payable in that year a draft order (in this Part of this Act called an apportionment order) apportioning such compensation annuity in the following manner amongst all the persons who on the 1st day of July in that year were the holders of licences then in force in respect of premises situate in the licensing area, that is to say, by apportioning to every such person a sum bearing the same proportion to the excise duty paid or payable in respect of the licensing year then current by such person or his predecessor for the licence then held by him as the amount of such compensation annuity bears to the total amount of all excise duties paid in respect of such licensing year by all such persons or their predecessors for the licences then held by them respectively.

(2) On the 15th day of July in every year or within one week thereafter the Minister shall deposit a copy of every draft apportionment order prepared in that year in some convenient place in the licensing area and shall publish in two or more newspapers circulating in the licensing area notice of the making of such draft apportionment order and of such deposit thereof and of the times at which the same may be inspected.

(3) Every draft apportionment order deposited under the foregoing sub-section shall continue so deposited for one month and during such month may be inspected during at least five hours on every day not being a Saturday, Sunday, or public holiday, by any officer of customs and excise and by any person on whom any sum is apportioned by such draft apportionment order and by any person who is the holder of a licence then in force in respect of premises in the licensing area.

(4) Any person on whom any sum is apportioned by a draft apportionment order may at any time between the date of the deposit under this section of such draft apportionment order and the next following 20th day of August object, by letter or notice in writing sent to the Minister, to such draft apportionment order on any one or more of the following grounds, that is to say:—

(a) that the amount apportioned on him or on any other person by such draft apportionment order is incorrect,

(b) that he should not be included in such draft apportionment order,

(c) that any person not included in such draft apportionment order should be included therein.

(5) The Minister shall consider every such objection so sent to him and shall on or before the 15th day of September make such amendments (if any) in the draft apportionment order to which the objection relates as appear to him on such consideration to be necessary.

(6) On the 15th day of September in every year every draft apportionment order prepared in that year shall become final, if amended under the foregoing sub-section, as so amended or, if not so amended, in the form in which it was when deposited under this section.

(7) In this section the expression “the licensing area” means the licensing area out of which the compensation annuity to which the draft apportionment order relates is payable under this Act.

Recovery of compensation annuities.

49. —(1) The amount apportioned on any person by an apportionment order shall be payable by such person not later than the 1st day of October next following the day on which such apportionment order becomes final under this Act to an officer of customs and excise and, if such person or a transferee from him obtains a certificate for a renewal or a transfer of the licence by reference to the duty on which such amount was apportioned, shall be paid at the same time and to the same officer of customs and excise as the excise duties on such licence are payable for the year commencing on the said 1st day of October, and no such renewal or transfer of such licence shall be granted by any such officer until the said amount is so paid.

(2) The amount apportioned on any person by an apportionment order shall be a debt due and payable by such person to the Minister for Finance on the 1st day of October next following the day on which such apportionment order becomes final under this Act and shall be recoverable from such person and his executors or administrators by the said Minister as a civil debt in any court of competent jurisdiction.

(3) The amount apportioned on any person by an apportionment order shall be a charge in favour of the Minister for Finance on the estate or tenancy hereinafter mentioned in the premises to which was attached the licence by reference to the duty on which the said amount was apportioned and such charge shall be deemed to be payable on the 1st day of October next after the day on which such apportionment order becomes final under this Act and such charge shall have priority over all estates, interests, and incumbrances existing on the said 1st day of October or arising or created thereafter (save as hereinafter excepted) and may be raised by the said Minister accordingly.

(4) A charge created by virtue of the foregoing sub-section shall not have priority over any quit rent or other charge incident to tenure or any rent-charge in lieu of tithes or any charge created under any Act passed before this Act authorising advances out of public moneys or the creation of charges in respect of improvements.

(5) The estate or tenancy on which a charge created by virtue of this section shall be charged shall, if the lowest or least estate or tenancy subsisting on the date of the creation of the charge is not less than a term of years of which at least five years are unexpired at that date, be such lowest or least estate or tenancy, but if such lowest or least estate or tenancy is at the said date less than such term of years then the said charge shall be charged on such lowest or least estate or tenancy and also on the estate or tenancy subsisting on the said date and then next greater than or next superior to such lowest or least estate or tenancy.

(6) Section 47 of the Local Registration of Title (Ireland) Act, 1891, shall have effect as if a charge created by virtue of this section were added to and included in the burdens mentioned in paragraphs (a) to (i) of that section.

(7) A certificate under the seal of the Minister for Finance that the amount apportioned by an apportionment order on any person is due and unpaid shall, in any proceedings under this section by the said Minister to recover such amount from any person or to raise the same out of any premises, be evidence until the contrary is proved that such amount is due and unpaid.

(8) The amount apportioned on any person by an apportionment order shall be deducted by the treasurer from any moneys payable to such person under any allocation order, and when so deducted shall be paid by such treasurer to the officer of customs and excise for the licensing area.

(9) The Revenue Commissioners shall keep separate accounts for every licensing area of all moneys paid to officers of customs and excise under this section in such licensing area.

Appeals and costs.

50. —No appeal shall lie from any order of a compensation authority and no such order shall award any costs to be paid by any party to any other party.

Surrender of leases.

51. —(1) Where any premises are held under a lease and the licence attached to such premises is abolished under this Part of this Act, the tenant of such premises may surrender the said premises, and on tendering a surrender thereof and on payment of all rent then due (including an apportioned part of the gale then accruing), the said tenant shall forthwith be discharged from all obligation to pay the rent or perform the covenants and conditions in such lease thenceforward.

(2) In this section the expressions “lease” and “tenant” have the meanings respectively assigned to them by the Landlord and Tenant Law Amendment Act (Ireland) 1860.

Application of Increase of Rent and Mortgage Interest (Restrictions) Act, 1923.

52. —Whenever a licence is abolished by an abolition order and the premises to which such licence was attached were held under a contract of tenancy and were subject to a covenant, agreement or condition that the tenant of such premises should sell only intoxicating liquor purchased from or through his landlord (whether such covenant, agreement or condition extended to all intoxicating liquors or only to one or more particular class or classes of intoxicating liquor) then on and after the date of the abolition of such licence, the standard rent of the said premises shall be determined in accordance with the provisions of paragraph (b) of sub-section (1) of section 2 of the Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 (No.19 of 1923) notwithstanding the fact that the case may come within the provisions of paragraph (a) of sub-section (1) of the said section 2

Rules in relation to compensation authorities.

53. —The Minister for Justice may by order make rules regulating the procedure of compensation authorities under this Part of this Act.

Expenses.

54. —All expenses of carrying this Part of this Act into effect shall, to such extent as shall be sanctioned by the Minister for Finance, be paid out of moneys to be provided by the Oireachtas.