asked the Minister for Industry and Commerce if he will state whether he issues licences in respect of (a) the operation of flour mills, and (b) the operation of any other kind of cereal production; and, if so, if he will state: (1) the precise nature of each licence issued; and (2) what control he exercises on the sale, transfer or disposition of such licences by a person or persons holding such licences.
Ceisteanna—Questions. Oral Answers. - Operation of Flour Mills, etc.
Licences are issued to millers for the milling of wheat under Section 21 of the Agricultural Produce (Cereals) Act, 1933. Licences are also issued for the milling of oats for human consumption under Article 3 of the Emergency Powers (Milling of Oats) Order, 1941. I do not issue licences for the milling of any other cereals.
A flour milling licence authorises the licensee to carry on by way of trade or for the purposes of gain, the business of milling wheat at the mill specified in the licence, subject to any conditions attached to the licence. An oatmeal milling licence authorises the licensee to carry on the business of milling oats for human consumption at the mill specified in the licence, subject to the conditions attached to the licence.
These licences are valid only for the persons named therein, and any sale of licences would therefore have no legal effect.
Flour milling licences are not transferable, except under the terms of Section 23 of the Agricultural Produce (Cereals) Act, 1933. There is no provision for the transfer of an oatmeal milling licence, but where such a business changes hands the existing licence is revoked and a new licence may be issued to the new owner.
I might add that permits known as Milling (Home Grown Wheat) Permits may also be issued under Section 36 of the Agricultural Produce (Cereals) Act, 1933, as amended by Section 16 of the 1934 Act authorising the milling of home-grown wheat—but not imported wheat—at a specified mill. There is no provision for the transfer of such permits, but when a milling business changes hands the existing permit may be revoked and a new permit issued as in the case of oatmeal milling licences.