No. 15/1952:

TOURIST TRAFFIC ACT, 1952

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY AND GENERAL

1 Short title and collective citation.

2 Construction.

3 Repeals.

PART II AN BORD FÁILTE

4 Renaming of Irish Tourist Board.

5 Functions.

6 Formation of local development companies.

7 Erection of notices and fences at, and provision of means of access to, historic sites, etc.

8 Power to enter on land.

9 Restrictions of sections 7 and 8.

10 Non-repayable grant.

11 Cessation of repayable advances.

12 Accounts and audit.

13 Disqualification of member of Oireachtas for membership of Board.

14 Superannuation of members.

15 Superannuation of staff.

16 Amendment of section 4 of Act of 1939.

PART III GUARANTEE OF LOANS

17 Guarantee of loans; and grants for interest charges.

18 Limitations on guarantees and grants.

19 Applications.

20 Fees on applications and on grant or guarantee.

21 Time limit on giving of guarantees.

22 Advance from the Central Fund of moneys required for guarantee of loans.

23 Payment of certain sums into the Exchequer.

24 Statements and accounts to be laid before the Oireachtas.

PART IV REGISTRATION OF PREMISES

25 Construction.

26 Payment of registration fee.

27 Return of application fee.

28 Amendment of section 30 of Act of 1939.

29 Amendment of section 30 of Act of 1939.

30 Amendment of section 31 of Act of 1939.

31 Extension of sections 33 to 37 of Act of 1939 to occupiers.

32 Cancellation of registration.

PART V FÓGRA FÁILTE

33 Fógra Fáilte.

34 Functions.

35 Non-repayable grant.

36 Grants from other sources.

37 Amendment of Tourist Traffic (Development) Act, 1931.

PART VI LICENSING OF HOTELS AND HOLIDAY CAMPS

CHAPTER I Preliminary

38 Construction and collective citation.

39 Use of map in describing premises.

CHAPTER II Hotels

40 Hotel.

41 Declaration as to fitness and convenience of proposed hotel.

42 Licensing of hotel.

CHAPTER III Holiday Camps

43 Definitions.

44 Grant of new licence for holiday camp.

45 Variation of licensed premises.

46 Prohibited hours.

47 Provisions applying to Sundays, Christmas Day and Saint Patrick's Day.

48 Provisions applying to Good Friday.

49 Powers of licensee to impose further restrictions.

50 Certificate for renewal of licence.

51 Occasional licences.

52 Special exemption orders.

53 Provisions of Act of 1927 not applicable to holiday camps.

54 Apportionment of rateable valuation.

SCHEDULE

AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE ENCOURAGEMENT AND DEVELOPMENT OF THE TOURIST TRAFFIC AND, IN PARTICULAR, TO ESTABLISH A BODY TO ENGAGE IN PUBLICITY IN CONNECTION WITH SUCH TRAFFIC, TO AMEND AND EXTEND THE TOURIST TRAFFIC ACTS, 1939 AND 1946, TO AMEND THE LAW RELATING TO THE LICENSING OF HOTELS AND HOLIDAY CAMPS FOR THE SALE OF INTOXICATING LIQUOR, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[3rd July, 1952.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I PRELIMINARY AND GENERAL

1.—(1) This Act may be cited as the Tourist Traffic Act, 1952 .

(2) The Tourist Traffic Act, 1939 , and this Act may be cited together as the Tourist Traffic Acts, 1939 and 1952.

2.—(1) In this Act—

"the Act of 1939" means the Tourist Traffic Act, 1939 (No. 24 of 1939);

"An Bord Fáilte" means the body heretofore known as the Irish Tourist Board to which the said new name is given by section 4;

"the Board" (except in Part V and the Schedule) means An Bord Fáilte;

"the Minister" means the Minister for Industry and Commerce.

(2) The Act of 1939 and this Act shall be construed as one.

3.—(1) Sections 5, 10, 14, 15 and 31 of the Act of 1939 are hereby repealed.

(2) The Tourist Traffic (Amendment) Act, 1946 (No. 14 of 1946), is hereby repealed.

PART II AN BORD FÁILTE

4.—The Board heretofore known as the Irish Tourist Board shall be known as An Bord Fáilte.

5.—(1) It shall be the duty of the Board to encourage and promote the development of tourist traffic in and to the State.

(2) Without prejudice to the generality of subsection (1) or to the specific functions given to it by the Act of 1939 or elsewhere in this Act, it shall be lawful for the Board—

( a ) to inspect, register and grade hotels, guest houses, holiday camps, holiday hostels, and youth hostels;

( b ) to assist, financially and otherwise, in the provision, extension or improvement of holiday accommodation;

( c ) to assist, financially and otherwise, in the provision, extension or improvement of facilities and amenities, at tourist resorts and elsewhere, which appear to the Board to be calculated to improve tourist traffic;

( d ) to establish or assist, financially and otherwise, in the establishment of any form of agency which has as one of its principal functions the development of tourist traffic;

( e ) to provide and assist, financially and otherwise, in the provision of schemes for the training of persons for work in relation to tourist traffic;

( f ) to protect and maintain and to aid in protecting and maintaining historic buildings, sites and shrines and places of scenic, historic, scientific or other interest to the public and to facilitate visitors thereto by the provision of notices and the provision and improvement of means of access;

( g ) to supply local authorities with road signs for erection by such authorities;

( h ) to accept gifts and donations, and to undertake and carry out trusts which may be lawfully undertaken by the Board, and may be conducive to its objects.

(3) In the discharge of its functions the Board shall have regard to amenities and services, including transport arrangements, which appear to the Board to be likely to affect tourist traffic.

(4) Nothing in this section shall derogate from the powers of the Commissioners of Public Works in Ireland or a local authority under the National Monuments Act, 1930 (No. 2 of 1930), the provisions of which shall be binding on the Board in like manner as upon other persons.

6.—The Board may encourage the formation of companies under the Companies Acts, 1908 to 1924, having the object of providing amenities and facilities at tourist resorts and developing tourist traffic at or to such resorts and may make a grant (not exceeding two hundred pounds) to any such company towards the expenses of its formation.

7.—(1) Where the Board proposes to erect a notice or fence at, or to provide or improve means of access to, any historic building, site or shrine, or other place which, in the opinion of the Board is likely to be of particular interest to the public, and the owner refuses to permit the Board to carry out the proposed work, the Board shall have power to acquire, under section 19 of the Act of 1939, such land as the Board thinks proper to enable the work to be carried out.

(2) The Board shall not exercise its powers under this section in or over a national monument, within the meaning of the National Monuments Act, 1930 (No. 2 of 1930), which is, or is in the course of being, vested in or placed under the guardianship of the Commissioners of Public Works in Ireland or a local authority or made the subject of a preservation order under that Act.

8.—(1) A person, duly authorised in writing by the Board, may enter on land for the purpose of enabling the Board to carry out its functions under paragraph (f)of subsection (2) of section 5.

(2) Any person who obstructs or interferes with an authorised officer in the exercise of his powers under subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

9.—Sections 7 and 8 shall not apply to any building which is for the time being used for ecclesiastical purposes.

10.—(1) In each financial year the Minister, with the consent of the Minister for Finance, may pay to the Board out of moneys provided by the Oireachtas such sums, not exceeding in the aggregate two hundred and fifty thousand pounds in any one financial year, as the Board shall from time to time require.

(2) In respect of the financial year ended on the 31st day of March, 1952, the Minister for Finance, on the recommendation of the Minister, may pay to the Board out of moneys provided by the Oireachtas such sums, not exceeding in the aggregate twenty-seven thousand pounds, as the Board shall require in addition to the sums provided under section 15 of the Act of 1939.

(3) Sums paid under this section shall not he repayable.

11.—No further advances shall be made under section 16 of the Act of 1939.

12.—(1) The Board shall keep in such form as may be approved of by the Minister, after consultation with the Minister for Finance, all proper and usual accounts of moneys received and expended by it, and in particular shall keep all such special accounts as the Minister may from time to time direct.

(2) The accounts shall be submitted annually by the Board to the Comptroller and Auditor General for audit at such time as the Minister shall direct and after the audit a copy of the balance sheet and income and expenditure account as passed by the Comptroller and Auditor General, together with his report thereon, shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas and shall also publish and put on sale the said documents.

13.—(1) Where a member of the Board becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled under the Standing Orders of that House to sit therein, cease to be a member of the Board.

(2) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall be disqualified from being a member of the Board.

14.—(1) The Minister, with the concurrence of the Minister for Finance, may make a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement to full-time members of the Board and may, with the like concurrence, amend any scheme.

(2) A scheme made under this section shall be carried out by the Board in accordance with its terms.

(3) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or other allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision thereon shall be final.

(4) Every scheme made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

15.—(1) As soon as conveniently may be after the passing of this Act the Board shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement to its permanent staff.

(2) A scheme submitted to the Minister under this section shall, if approved of by the Minister with the concurrence of the Minister for Finance, be carried out by the Board in accordance with its terms.

(3) The Board may at any time, with the approval of the Minister, given with the concurrence of the Minister for Finance, amend a scheme under this section.

(4) A scheme submitted and approved of under this section shall fix the time and conditions of retirement for all persons to whom pensions, gratuities, or allowances on retirement are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this section, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision thereon shall be final.

(6) Every scheme submitted and approved of under this section shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

16.—Section 4 of the Act of 1939 is hereby amended as follows:—

( a ) by the deletion in subsection (3) (which relates to the number of members of the Board) of the word "five" and the substitution of the word "seven";

( b ) by the deletion in subsection (6) (which relates to fixing the remuneration of members) of the words "when appointing him".

PART III GUARANTEE OF LOANS

17.—(1) Where—

( a ) an application is duly made by any person for the guarantee of a loan, and

( b ) the purpose for which the loan is required is either—

(i) the construction, extension, modernisation or improvement of holiday accommodation, or

(ii) the provision of amenities and services (other than holiday accommodation) at tourist resorts and the development of tourist traffic at or to such resorts by a body corporate having that object—

the Minister may, if the Board so recommends and with the concurrence of the Minister for Finance, guarantee the loan.

(2) Wherever the Minister guarantees a loan under this section, he may guarantee in such form and manner and on such terms and conditions as the Minister for Finance may sanction, the repayment of the principal or the payment of interest on the loan or both the repayment of such principal and the payment of such interest.

(3) Wherever the Minister guarantees a loan under this section he may, with the concurrence of the Minister for Finance, authorise the Board to make grants towards the payment of interest on the loan on such terms and conditions as the Minister for Finance may sanction.

18.—(1) The aggregate capital amount of all loans guaranteed (whether as to principal and interest or as to one or other only) under this Part shall not exceed three million pounds.

(2) No loan of less than five hundred pounds shall be guaranteed under this Part.

(3) The aggregate amount of grants made by the Board under this Part shall not exceed seventy-five thousand pounds in any financial year.

19.—Every application under this Part shall be made in writing to the Board.

20.—(1) There shall be paid on every application under this Part a fee of such amount as the Minister may prescribe and the due payment of that fee shall be a condition precedent to the entertainment of the application.

(2) There shall be paid, on the guaranteeing of a loan or the authorisation of a grant under this Part, a fee of such amount as the Minister may prescribe, and the due payment of that fee shall be a condition precedent to the guarantee or the authorisation.

(3) All fees payable under this Part shall be collected and taken in such manner as the Minister for Finance shall from time to time direct and shall be paid into or disposed of for the benefit of the Exchequer in accordance with the directions of the said Minister.

(4) The Public Offices Fees Act, 1879, shall not apply in respect of any fees payable under this Part.

21.—The Minister shall not guarantee a loan under this Part after the expiration of five years from the passing of this Act.

22.—(1) Such sums as may from time to time be required by the Minister for fulfilling guarantees given under this Part shall be advanced out of the Central Fund or the growing produce thereof.

(2) In order to provide for the advance of any sums out of the Central Fund authorised by this section to be so advanced, the Minister for Finance may borrow on the security of the Central Fund or the growing produce thereof such sums as shall be required for that purpose, and the said Minister may, for the purposes of such borrowing, create and issue securities bearing such rate of interest and subject to such conditions as to repayment, redemption, or otherwise as he thinks fit, and shall pay all moneys so borrowed into the Exchequer.

(3) The principal and interest of all securities issued under this section shall be charged on and payable out of the Central Fund or the growing produce thereof.

23.—(1) All sums received in repayment of money advanced out of the Central Fund under this Part shall be paid into the Exchequer.

(2) Where an advance is made out of the Central Fund on foot of a guarantee given by the Minister under this Part and the whole or any part of the advance remains outstanding after the expiration of two years from the date on which the advance was made, the amount so remaining outstanding shall, at such time as the Minister for Finance shall direct, be repaid out of moneys provided by the Oireachtas.

24.—(1) Within three months after the end of each financial year during which loans may be guaranteed under this Part, the Minister shall lay before each House of the Oireachtas a statement of the loans so guaranteed during that financial year, together with particulars of the purposes to which such loans were to be applied, and the terms and conditions on which they were so guaranteed, and together also with a statement of the aggregate amount of the guarantees given under this Part up to the end of that financial year.

(2) So long as any guarantee given under this Part continues in force the Minister shall, within three months after the expiration of every financial year, lay before each House of the Oireachtas an account in such form as may be approved of by the Minister for Finance, showing the total of all sums advanced out of the Central Fund under this Part up to the end of that financial year and the total of all sums repaid to or paid into or disposed of for the benefit of the Exchequer under this Part up to the end of that financial year.

PART IV REGISTRATION OF PREMISES

25.—This Part shall be construed as one with Part III of the Act of 1939.

26.—If an applicant for registration of premises in a register, having been served with notice by the Board that the premises will be registered on payment of the appropriate prescribed fee, does not pay the fee to the Board within three months after such service, then, notwithstanding subsection (4) of section 27 of the Act of 1939, his application shall be void.

27.—The fee sent with an application under section 26 or 29 of the Act of 1939, for the registration or renewal of the registration of premises may, on the request of the applicant and at the discretion of the Board, be repaid to the applicant unless, after the receipt of the fee, the premises have been inspected by an officer of the Board.

28.—Subsection (4) of section 30 of the Act of 1939 (which relates to renewal of registration) is hereby amended by the substitution for paragraph (a), of the following paragraph:—

"( a ) the Board shall serve notice upon the applicant that the Board is of opinion that such premises have ceased on stated grounds to be eligible for registration in such register and that the applicant may, within fourteen days after service of such notice, make written representations to the Board with a view to showing that such promises have not ceased to be eligible for registration in such register;".

29.—Subsections (5) and (6) of section 30 of the Act of 1939 (which empower the Board to refuse an application for renewal of registration where the applicant has failed to adhere to his specified scale of charges) shall be construed as if the word "wilfully" were inserted before "failed" wherever the latter word occurs in the subsections.

30.—The Act of 1939 shall have effect as if the following section were substituted for section 31 thereof:—

"31 (1) Whenever the Board registers any premises, the Board shall give, free of charge, a certificate (in this Act referred to as a registration certificate) of such registration to the registered proprietor.

(2) Where the registered proprietor of any registered premises satisfies the Board that the registration certificate for the time being in force in respect of such premises has been accidentally destroyed, the Board may issue to such registered proprietor a new registration certificate in lieu of that so destroyed.

(3) The following provisions shall have effect in respect of every registration certificate, that is to say:—

( a ) such certificate shall be in the prescribed form and shall contain a statement of the premises to which it relates, the name of the registered proprietor of such premises, and such other matters as shall be required by the prescribed form;

( b ) such certificate shall be signed by an officer of the Board authorised in that behalf by the Board;

( c ) such certificate shall, save as regards any period when it is returned to the Board in accordance with this Act, be displayed in a prominent position at or near the principal entrance to such premises during the continuance of the registration certified by it;

( d ) such certificate shall be returned to the Board immediately after the registration expires or whenever the Board so request.

(4) Whenever the registered proprietor of any registered premises fails to display, in accordance with paragraph (c)of subsection (3) of this section, the registration certificate for the time being in force in respect of such premises, he shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds together with a further fine not exceeding one pound for every day during which the offence continues.

(5) Whenever a registration certificate is not returned to the Board immediately upon the expiration thereof or at the request of the Board, the person to whom such certificate was given shall be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with a further fine not exceed ten shillings for every day during which the offence continues."

31.—The word "proprietor" shall, wherever it occurs (except as part of the expression "registered proprietor") in sections 33 to 37 of the Act of 1939, be construed as including "occupier".

32.—(1) The Board may at any time cancel the registration of registered premises if the Board is of opinion that the registered proprietor has, otherwise than with the consent of the Board, wilfully failed to adhere to charges not exceeding those specified in the scale of charges furnished by him with his application for registration or with his last previous application for renewal of registration, as the case may be.

(2) If at any time the Board, following an inspection of registered premises by an officer of the Board, is of opinion that such premises have ceased to be eligible for registration, the Board shall cause a second inspection of such premises to be made by an officer of the Board.

(3) If, after a second inspection of premises has been made under this section, the Board remains of opinion that such premises have ceased to be eligible for registration—

( a ) the Board shall serve notice upon the registered proprietor that the Board is of opinion that such premises have ceased on stated grounds to be eligible for registration and that the registered proprietor may, within thirty days after service of such notice make written representations to the Board with a view to showing that such premises have not ceased to be eligible for registration;

( b ) if during the said thirty days no such written representations are received by the Board, the Board shall cancel the registration;

( c ) if during the said thirty days such written representations are received by the Board, the Board shall cause a third inspection of such premises to be made by a different officer of the Board;

( d ) if the Board, notwithstanding such third inspection and having considered the written representations received as aforesaid, remains of opinion that such premises have ceased to be eligible for registration, the Board shall cancel the registration;

( e ) if the Board, as a result of such third inspection and having considered the written representations received as aforesaid, becomes of opinion that such premises have not ceased to be eligible for registration, the Board shall give notice to that effect to the registered proprietor.

(4) Cancellation under this section of registration shall have effect from a date determined by the Board, not being earlier than fourteen days after the decision to cancel is made, and the Board shall, not later than seven days before the date so determined, serve notice on the registered proprietor that the registration will be cancelled on that date.

(5) References in this section to the opinion of the Board that a registered proprietor has wilfully failed to adhere to any charges or that registered premises have ceased to be eligible for registration shall be construed as references to such opinion formed by the Board itself and not by the Board acting through or by any of its officers or servants.

PART V FÓGRA FÁILTE

33.—(1) There shall be a body to be known as Fógra Fáilte (in this Part referred to as the Board).

(2) The provisions of the Schedule shall apply to the Board.

34.—(1) The functions of the Board shall be—

( a ) to engage in any kind of publicity, both inside and outside the State, in connection with tourist traffic, including the advertising of the advantages and amenities of Places in the State as holiday resorts;

( b ) to prepare and publish guide books, itineraries, timetables and other publications for the information of tourists;

( c ) to establish, equip and operate or assist in the operation of tourist information bureaux, or any similar form of agency in connection with tourist publicity, both inside and outside the State;

( d ) to co-operate with other bodies in connection with tourist publicity.

(2) In the discharge of its functions under this Act, the Board shall ensure that tourist publicity is directed in accord with the policy of An Bord Fáilte on the development of tourist traffic in, and to, the State.

35.—(1) In each financial year the Minister, with the consent of the Minister for Finance, may pay to the Board out of moneys provided by the Oireachtas such sums, not exceeding in the aggregate two hundred and fifty thousand pounds in any one financial year, as the Board shall from time to time require.

(2) Sums paid under this section shall not be repayable.

36.—(1) The Board may accept grants of money from an approved company under the Tourist Traffic (Development) Act, 1931 (No. 15 of 1931), or from any other source.

(2) The Board shall notify the Minister of every grant received under this section and shall utilise such grants for the purposes of its functions under this Part.

37.—Subsection (8) of section 3 of the Tourist Traffic (Development) Act, 1931 (No. 15 of 1931), is hereby amended by the substitution of a reference to Fógra Fáilte for the reference to the Irish Tourist Board (inserted therein by section 52 of the Act of 1939).

PART VI LICENSING OF HOTELS AND HOLIDAY CAMPS

CHAPTER I Preliminary

38.—This Part shall be construed as one with the Licensing Acts, 1833 to 1946, and may be cited with those Acts as the Licensing Acts, 1833 to 1952.

39.—Premises may be described in a declaration or certificate under any section of this Part by reference to a map annexed thereto.

CHAPTER II Hotels

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.

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.

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.

CHAPTER III Holiday Camps

43.—In this Chapter—

"the Act of 1833" means the Licensing (Ireland) Act, 1833;

"the Act of 1902" means the Licensing (Ireland) Act, 1902;

"the Act of 1927" means the Intoxicating Liquor Act, 1927 (No. 15 of 1927);

"holiday camp" means premises for the time being registered in the register of holiday camps kept by the Board;

"holiday camp premises" means all the buildings for the time being situate in a holiday camp irrespective of the purpose for which they are used;

"the licensee" means the holder of an on-licence by virtue of this Chapter and cognate words shall be construed accordingly;

"on-licence" means a licence for the sale of intoxicating liquor for consumption either on or off the premises;

"period of summer time" means a period appointed by or under the Summer Time Act, 1925 (No. 8 of 1925), to be a period of summer time;

"rateable valuation" includes a provisional valuation issued by the Commissioner of Valuation;

"week-day" means a day which is not a Sunday and is not Good Friday, Christmas Day or Saint Patrick's Day.

44.—(1) Where a person (in this section referred to as the applicant) duly gives notice of his intention to apply for an on-licence in respect of specified premises and, at the proceedings in the Circuit Court in relation to the application, the applicant shows to the satisfaction of the Court—

( a ) that the premises are holiday camp premises or a part or parts thereof,

( b ) that the holiday camp in which they are situate complies with the following conditions—

(i) it has proper residential accommodation for at least two hundred and fifty guests at any one time,

(ii) its rateable valuation is not less than two hundred pounds, and

(iii) the buildings thereon are wholly or mainly of a permanent character,

the Court may, notwithstanding anything contained in the Act of 1902, but subject to subsection (2) of this section, cause such certificate as is mentioned in section 5 of the Act of 1833 to be given to the applicant declaring him to be duly entitled to receive an on-licence in respect of the premises.

(2) A certificate shall not be given in respect of the premises if the Court, in consequence of an objection made under section 4 of the Act of 1833, prohibits under that section the issuing of an on-licence on one or more of the following grounds:—

( a ) the character, misconduct or unfitness of the applicant;

( b ) the unfitness or inconvenience of the premises or of the holiday camp in which the premises are situate;

( c ) that the holiday camp is not conducted in an orderly mariner.

(3) Where the certificate is given to the applicant nothing in the Act of 1902 shall operate to prevent the grant to him of the licence which the certificate declares him to be entitled to receive.

45.—(1) Where the licensee—

( a ) applies to the Circuit Court for a certificate under this section, and

( b ) gives such notice of the application as is required in the case of an application for an on-licence,

the Court, on being satisfied that it is expedient for any reason that the premises to which the licence relates should be varied in any particular respect other than applying the licence to premises that are not part of the holiday camp premises, may issue to the licensee a certificate certifying whichever one or more of the following things may be appropriate in the circumstances—

( a ) that the Court approves of the extension of the licence to a specified part or parts of the holiday camp premises;

( b ) that the Court approves of the exclusion from the licensed premises of a specified part or parts of those premises;

( c ) that the Court approves of the transfer of the licence from the licensed premises to another part or parts of the holiday camp premises.

(2) Notwithstanding anything contained in the Licensing Acts, 1833 to 1946, the Revenue Commissioners shall, on being presented with the certificate, amend the licence in accordance with the terms of the certificate.

46.—(1) It shall not be lawful for the licensee to sell or expose for sale any intoxicating liquor or to open or keep open the license, premises for the sale of intoxicating liquor or to permit any intoxicating liquor to be consumed on the licensed premises

( a ) on any week-day—

(i) during a period of summer-time, before the hour of half-past ten o'clock in the morning or after the hour of half-past ten o'clock in the evening, or

(ii) during a period which is not a period of summer time, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or

( b ) subject to the exceptions stated in sections 47 and 48, at any time on a Sunday, Christmas Day, Saint Patrick's Day or Good Friday.

(2) Every person who shall sell or expose for sale any intoxicating liquor or open or keep open any premises for the sale of intoxicating liquor or permit any intoxicating liquor to be consumed on licensed premises in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding twenty pounds or, in the case of a second or any subsequent offence, to a fine not exceeding forty pounds.

47.—Nothing in section 46 shall operate to prohibit the licensee from supplying intoxicating liquor on a Sunday, Christmas Day or Saint Patrick's Day to be consumed on the licensed premises—

( a ) by a person who for the time being is bona fide lodging in the holiday camp—between the hours of half-past seven o'clock in the evening and, during a period of summer time, half-past ten o'clock in the evening, or, during any other period, ten o'clock in the evening, or

( b ) by any person—between the hours of one o'clock and three o'clock in the afternoon or between the hours of six o'clock and nine o'clock in the evening, if, in this case, the intoxicating liquor is—

(i) ordered by that person at the same time as a substantial meal is ordered by him, and

(ii) consumed at the same time as and with the meal, and

(iii) supplied and consumed in the portion of the licensed premises usually set apart for the supply of meals.

48.—Nothing in section 46 shall operate to prohibit the licensee from supplying intoxicating liquor on Good Friday between the hours of six o'clock and nine o'clock in the evening to a person who for the time being is bona fide lodging in the holiday camp, if the intoxicating liquor is—

( a ) ordered by that person at the same time as a substantial meal is ordered by him, and

( b ) consumed at the same time as and with the meal, and

( c ) supplied and consumed in the portion of the licensed premises usually set apart for the supply of meals.

49.—(1) The licensee may from time to time in his absolute discretion limit further than this Chapter provides the hours during which intoxicating liquor shall be sold, served or consumed, on the licensed premises.

(2) The licensee may at any time in his absolute discretion refuse to sell or serve intoxicating liquor to any person.

(3) Subsections (1) and (2) shall not affect any right or obligation under the Sale of Food and Drugs Acts, 1875 to 1936.

50.—The certificate required under section 11 of the Spirits (Ireland) Act, 1854, for the renewal of a licence shall, in the case of premises licensed by virtue of this Chapter, be one certifying, in addition to the matters referred to in that section, that the holiday camp in which the premises are situate was conducted in an orderly manner during the preceding year.

51.—An occasional licence may be granted under section 13 of the Revenue Act, 1862, in respect of premises licensed by virtue of this Chapter as if such premises were amongst those enumerated in that section.

52.—A special exemption order under section 5 of the Act of 1927, as amended by section 6 of the Intoxicating Liquor Act, 1943 (No. 7 of 1943), may be granted in respect of premises licensed by virtue of this Chapter as if such premises were amongst those enumerated in the said section 6.

53.—The following provisions of the Act of 1927 shall not apply to premises licensed by virtue of this Chapter, namely, section 2 (which relates to prohibited hours), section 3 (which relates to mixed trading), sections 13, 14 and 15 (which relate to certain exemptions from prohibited hours), and Part IV (which relates to the reduction of licences).

54.—(1) The Commissioner of Valuation may, at the request of the owner or occupier, apportion to the licensed premises such part as he thinks proper of the rateable valuation of the hereditament or tenement of which such premises form part and the part so apportioned shall, for the purpose of the law relating to the charge of duty upon the licence, be taken to be the valuation of the licensed premises.

(2) There shall be paid to the Commissioner of Valuation for the making of the division under subsection (1) such fee as may be prescribed by the Minister for Finance and every such fee shall be paid into or disposed of by the Commissioner for the benefit of the Exchequer in such manner as the said Minister shall direct.

Section 33.

SCHEDULE

FÓGRA FÁILTE.

Incorporation.

1. The Board shall be a body corporate with perpetual succession and a common seal and power to sue and be sued in its corporate name and to acquire, hold and dispose of land.

Appointment and conditions of service.

2. (1) The Board shall consist of six members of whom one shall be Chairman.

(2) ( a ) The Chairman and the other members shall be appointed by the Minister.

( b ) The Chairman and two other members shall be chosen from the members of An Bord Fáilte.

(3) The term of office (which shall not exceed five years) of a member shall be such as the Minister, with the consent of the Minister for Finance, determines at the time of his appointment.

(4) Each member shall be paid out of funds at the disposal of the Board such remuneration and allowances for expenses as the Minister with the consent of the Minister for Finance, determines.

(5) An outgoing member may be re-appointed.

Procedure.

3. (1) The quorum at a meeting of the Board shall (unless the Minister otherwise directs) be four.

(2) The Board may act notwithstanding vacancies in its membership.

(3) The Board may regulate its own procedure.

Removals, resignation and disqualification.

4. (1) The Minister may remove a member from office.

(2) A member may resign his office.

(3) Where a member of the Board becomes a member of either House of the Oireachtas, he shall, upon his becoming entitled under the Standing Orders of that House to sit therein, cease to be a member of the Board.

(4) A person who is for the time being entitled under the Standing Orders of either House of the Oireachtas to sit therein shall be disqualified from being a member of the Board.

(5) A member shall be disqualified for holding and shall cease to hold office if he is adjudged bankrupt, or makes a composition or arrangement with his creditors, or is sentenced by a court of competent jurisdiction to suffer imprisonment or penal servitude or ceases to be ordinarily resident in the State.

Superannuation of members.

5. (1) The Minister, with the concurrence of the Minister for Finance, may make a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement to full-time members of the Board and may, with the like concurrence, amend any scheme.

(2) A scheme made under this paragraph shall be carried out by the Board in accordance with its terms.

(3) If any dispute arises as to the claim of any person to, or the, amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this paragraph, such dispute shall he submitted to the Minister who shall refer it to the Minister for Finance, whose decision thereon shall be final.

(4) Every scheme made under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is made and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Common seal.

6. (1) The common seal of the Board shall, when applied to a document, be attested by the signature of the Chairman or some other member authorised by the Board to act in that behalf and the signature of an officer of the Board duly authorised by the Board to act in that behalf.

(2) All courts of justice shall take judicial notice of the common seal of the Board and every document purporting to be an instrument made by the Board and to be sealed with the common seal and to be attested in accordance with this paragraph shall, unless the contrary is shown, be received in evidence and be deemed to be such instrument without further proof.

Contracts and instruments not under seal.

7. Any contract or instrument which, if entered into or executed by an individual, would not require to be under seal may be entered into or executed on behalf of the Board by any person generally or specially authorised by the Board for that purpose.

Officers and servants of the Board.

8. (1) The Board shall appoint such and so many officers and servants as it thinks proper.

(2) There shall he paid by the Board to its officers and servants such remuneration and allowances as the Board shall determine.

(3) The officers of the Board may, with the consent of the Minister, include a general manager whose appointment, terms of office and removal from office shall be subject to the approval of the Minister.

(4) The Board may, if it so thinks fit, for the purpose of the appointment of a person to fill a situation in the service of the Board request the Local Appointments Commissioners to recommend to it a person for appointment to such situation, and the Commissioners on receiving such request shall select and recommend under and in accordance with the Local Authorities (Officers and Employees) Act, 1926 (No. 39 of 1926), to the Board a person for appointment to such situation and shall, if they so think proper, select and recommend to the Board two or more persons for such appointment, and the Board on receiving from the Commissioners such recommendation shall appoint to such situation the person so recommended by the Commissioners or, where more than one person is so recommended, such one of the persons so recommended as the Board thinks proper.

(5) The Board shall pay to the Local Appointments Commissioners out of the funds at its disposal such expenses in respect of the selection and recommendation by the Commissioners under this paragraph of persons to fill situations in the service of the Board as shall be fixed by agreement between the Board and the Commissioners with the consent of the Minister for Finance or, in default of such agreement, by the Minister for Finance.

(6) Every sum received by the Local Appointments Commissioners under sub-paragraph (5) shall be deemed for the purposes of paragraph (b) of subsection (2) of section 12 of the Local Authorities (Officers and Employees) Act, 1926 , to be a fee paid to the Commissioners under that Act.

Superannuation of staff.

9. (1) As soon as conveniently may be after the passing of this Act the Board shall prepare and submit to the Minister a scheme or schemes for the granting of pensions, gratuities and other allowances on retirement to its permanent staff.

(2) A scheme submitted to the Minister under this paragraph shall, if approved of by the Minister with the concurrence of the Minister for Finance, be carried out by the Board in accordance with its terms.

(3) The Board may at any time, with the approval of the Minister, given with the concurrence of the Minister for Finance, amend a scheme under this paragraph.

(4) A scheme submitted and approved of under this paragraph shall fix the time and conditions of retirement for all persons to whom pensions, gratuities, or allowances on retirement are payable under the scheme, and different times and conditions may be fixed in respect of different classes of persons.

(5) If any dispute arises as to the claim of any person to, or the amount of, any pension, gratuity or allowance payable in pursuance of a scheme under this paragraph, such dispute shall be submitted to the Minister who shall refer it to the Minister for Finance, whose decision thereon shall be final.

(6) Every scheme submitted and approved of under this paragraph shall be laid before each House of the Oireachtas as soon as may be after it is approved of and if either House, within the next twenty-one days on which that House has sat after the scheme is laid before it, passes a resolution annulling the scheme, the scheme shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Exercise of functions of Board through its officers.

10. Save as otherwise provided by this Act, the Board may exercise any of the powers and perform any of the functions conferred and imposed on the Board by this Act through or by any of its officers or servants authorised by the Board in that behalf.

Disclosure of interest in contract.

11. A member of the Board who has any interest in any company or concern with which the Board proposes to make any contract or any interest in such contract shall disclose to the Board the fact Of such interest and the nature thereof, and such member shall take no part in any deliberation or decision of the Board relating to the contract, and the disclosure shall be recorded in the minutes of the Board.

Accounts and audit.

12. (1) The Board shall keep in such form as may be approved of by the Minister, with the consent of the Minister for Finance, all proper and usual accounts of moneys received and expended by it, and in particular shall keep all such special accounts as the Minister may from time to time direct.

(2) The accounts shall be submitted annually by the Board to the Comptroller and Auditor General for audit at such time as the Minister, with the consent of the Minister for Finance, shall direct and after the audit a copy of the balance sheet and income and expenditure account as passed by the Comptroller and Auditor General, together with his report thereon, shall be presented to the Minister who shall cause copies thereof to be laid before each House of the Oireachtas and shall also publish and put on sale the said documents.

Annual Report.

13. The Board shall, in each year, at such date and in such form and manner as the Minister may direct, make an annual report of its activities and the Minister shall cause copies of the report to be laid before each House of the Oireachtas.

Return.

14. The Board shall submit to the Minister such information regarding its activities as he may from time to time require.