CAB37-17 — Page 63

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[49 VICT.]

County Councils.

S

(9.) On an application being made to the statutory committee of A.D. 1886. any division to renew a license for the sale of intoxicating liquors, the committee shall, in the following cases, that is to say,

(a.) Where the applicant is by law disqualified by reason of

having committed some offence; or

(b.) Where the premises in respect of which the license is sought are by law disqualified by reason of some offence having been committed therein; or

(c.) Where it is reported by the justices in manner in this Act mentioned, that the license of the applicant ought not to be renewed; shall refuse to renew such license, and any such license shall be deemed to have been refused on cause shown; and any license renewed in contravention of this section shall be void.

In any other case, on an application being made for renewal of a license for the sale of intoxicating liquors, the statutory committee may either renew the same, or refuse renewal of the same, either with a view to diminish the number of public houses, or otherwise; but it shall be lawful for the applicant, the renewal of whose 20 license has been refused otherwise than on cause shown, to appeal to the county council, and such county council may confirm or disaffirm such refusal. If the county counci¡ confirm such refusal, then, unless the license was for consumption off the premises, and there was, irrespective of this Act, free and unqualified discretion 25 to refuse the license, the county council shall pay compensation to the licensee in respect of the loss of the license, and such compensa- tion shall be ascertained in manner provided by the Lands Clauses Consolidation Act, 1845, and the Acts amending the same with respect to the purchase of land otherwise than by agreement in like 30 manner as if the county council were the promoters of the under- taking and the license of the licensee had been purchased by them, and the compensation so found to be payable shall be paid out of the county fund as special expenses chargeable as expenses connected with licensing.

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A person desirous of obtaining a report from the justices that a license for the sale of intoxicating liquors on any premises, ought not to be removed, shall, not less than two months before the general annual licensing meeting at which such license is renewable, serve notice on the holder of such license that he intends to apply, 40 at the time and place in the notice mentioned, to the justices in petty sessions assembled of the petty sessional division in which the

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