I move amendment No. 4:—
Before sub-section (3), to insert a new sub-section as follows:—
(3) The local authority shall not issue a certificate where the owner of the lowest estate or tenancy in the premises has received or is entitled to receive compensation from the local authority for the acquisition of the premises.
I move this amendment with a view to having determined that a licence holder or, to be more accurate, the owner of a licensed premises who has been compensated by a local authority in respect of the licensed premises, does not, in addition to the compensation, get facilities to enable him to get a new licence without any trouble. A person whose property is acquired by a local authority is paid compensation for its acquisition. The amount of the compensation is either agreed upon between the local authority and the person whose property is acquired or it is determined by an arbitrator. If the owner of the property accepts, by agreement, from the local authority a particular sum, we may take it that he is reasonably satisfied with the amount he receives. In such an event, why should the owner of the acquired property get any further compensation, in the way of being put into the position that he may obtain a licence similar to that attaching to the premises which were acquired, without any difficulty whatever? That is the meaning of this part of the Bill as to licensing.
Where the compensation for acquired premises is fixed by an arbitrator, the person whose property was acquired may possibly think that the amount of compensation fixed was very small. My view is that arbitrators award very small compensation but, at any rate, their awards are binding and they can be appealed against only on a point of law. Therefore, where an arbitrator, working on correct principle, makes an award, the award is not challengeable on the amount. It may be that the people who receive compensation through an arbitrator are disappointed. Very many people have expressed strong views as to the arbitrator's ideas of value. However, where compensation has been so awarded, it has been awarded in accordance with the law and, therefore, that compensation should suffice properly to compensate the person whose property was acquired.
Under this Bill, the position as to compensation either by agreement or by arbitration remains as it is to-day but, in addition, a person will be given facilities to enable him to obtain a new licence.
The purpose of this amendment is to get information from the Minister as to what he believes the position to be and to ascertain if he approves that where, say, the Dublin Corporation allows a licensed trader £10,000 for his premises, the trader may, without any difficulty, be put into the position of getting a new licence similar to that attaching to the premises which were acquired from him. According to the Bill, and the Compulsory Acquisition Acts, that appears to me to be the position. I should like to be satisfied by the Minister that that is not the case. If he satisfies me, I shall withdraw this amendment. It seems to me that a person will get compensation both ways. He will get it for the premises which were acquired and, in addition, he is being given the right to get a new licence for a premises which he will be able to purchase at a site not very far away from his original premises.