The Gazette 1987

JU LY/AUGUST

1987

GAZETTE

case of a licence granted between 3 July 1952 and the commence- ment of the Intoxicating Liquor Act 1960 (that is, 4 July 1960), the requirement is for 10 rooms but, if the licence was granted conse- quent upon a declaration obtained under the 1952 Act and the pre- mises are situate in a county borough, 20 rooms must be kept available. In the case of hotel licences granted subsequent to 4 July 1960 the requirement is for 20 rooms for premises situate in a county borough and 10 rooms if situate elsewhere. 1 Public bar facilities A licence granted on the basis that the premises constituted an hotel precludes the licensee f r om maintaining a public bar on the premises unless an order pursuant to section 19 of the Intoxicating Liquor Act 1960 is obtained. The grant of a section 19 order presents little d i f f i cu l ty and requires merely the extinguishment of an ordinary 7 day licence which may be drawn from anywhere within the State (see Application of Dunne [1968] IR 105). While the effect of such an order will be to remove the visual distinction between premises licensed on the basis of being an hotel and those licensed as an ordinary public- house, the order will not operate to relieve the licensee from continuing to trade as an hotel with the requisite number of rooms set apart for the sleeping accommo- dation of travellers nor from maintaining registration in the register of hotels. Registration in the Register of Hotels A requirement of registration in the register of hotels kept by Bórd Fáilte arises under the Tourist T r a f f ic Ac ts and under the Licensing Acts. Section 33 of the Tourist Traffic Act, 1939, as amended by s.3 TTA 1983, provides that it shall not be lawful for the proprietor of any premises to describe or hold out or permit any person to describe or hold out such premises as an hotel unless such premises are registered in the register of hotels and such proprietor is registered in that register as the registered proprietor

of such premises. The penalty for contravention of the section is a fine not exceeding £500 together with, in the case of a continuing o f f ence, a f u r t her fine (not exceeding £300 in all) not ex- ceeding £20 for every day during which the offence is continued. Section 20 of the Intoxicating Liquor Act 1960 provides that a renewal of hotel licences which were (i) originally granted conse- quent upon a declaration obtained under the Tourist Traffic Act 1952, or (ii) were granted after 4 July 1960, shall not be allowed unless the premises are registered in the register of hotels. New Licence applied for in the case of an existing licensed hotel A further complicating factor may arise in the case of pre-1 960 hotel licences. If at any time after 4 July 1960 it became necessary to apply to the Circuit Court for a new licence in respect of the premises on the grounds that (i) there was a failure to renew the existing licence at any time within the previous five years or, (ii) the premises were extended by the incorporation of additional or adjoining premises, the licence so granted will be a new hotel licence and will carry with it the require- ments of registration in the register of hotels and, if the premises are situated in a county borough, the maintenance of 20 rooms set apart for travellers. In the Application of Dec Ian Bannerton [1984] ILRM 662, premises known as the Mount Hotel, Ballinasloe, were first licensed on 29 March 1960 under the provisions of section 2(2) of the Licensing (Ir.) Act 1902. The licence was allowed to lapse in 1976 but a new licence was granted in respect of the premises within the relevant five year period at Galway Circuit Court on 28 July 1978. This licence was then renewed at each of the annual licensing sessions held in the years up to 1981. At the annual licensing court for the year 1982 objection was taken on behalf of the Gardai that the hotel was not registered in the register of hotels kept by Bórd Fáilte. The matter came before the High Court by way of a consul- tative case stated. The applicant accepted that the licence granted

therefore conclude that the plaintiff is entitled to damages." ( Pp . 9 - 19) In Kelly -v- Crowley, the requisitions concerning the type of licence were replied to by forwarding the original licence for inspection. Murphy J. had this to say concerning the duty of care: " It seems to me that in every case in which a solicitor acts on behalf of a client in the purchase of premises in respect of which there has been granted a licence for the sale of intoxicating liquor, the solicitor is bound to concern himself with the nature of the licence a t t ach i ng to the premises; the power of the vendor to procure such licence to be vested in the purchaser and the means by which such licence is transferred to or vested in the client . . . In the circumstances it seems to me that the conclusion is in- escapable — even in the absence of evidence of any practice or custom in relation to the exercise of the solicitor's profession — that a solicitor acting on behalf of a lay client in the purchase of licensed premises is bound to make appropriate enquiries as to the nature of the licence attaching thereto." (Pp. 1 7 - 1 8 ) Murphy J. later concluded: " . . . a direct obvious and conclusive means of putting a pu r chase r 's solicitors in possession of all of the relevant facts with regard to the licence attaching to any given premises for sale" was by an inspection of the relevant Register of Licences prior to the sale. If premises to which an hotel licence is attached cease to operate as an hotel by not having the required number of rooms for travellers then " t he licence would cease to be a protection to the holder" (Quinn -v- Bourke (1906) 2 IR 94). If the licence was granted prior to the commencement of the Tourist Traffic Act 1952 (that is, 3 July 1952), 10 apartments must be kept available for the sleeping accommodation of travellers. In the Sleeping accommodation for guests

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