This small amendment relates, of course, to the new section inserted yesterday on the Committee Stage by Amendment No. 20.
As the House will recall, the amendment made provision for the granting of a new licence where the licensee pulls down an old public house and re-builds on the same site or close beside it. The existing law makes such provision only where the existing premises are burnt down or otherwise accidentally destroyed.
In moving his amendment yesterday, Senator O'Quigley mentioned that in a case which came up in the circuit court very recently—within the last couple of weeks I think—the Judge made the point that if premises are re-built partly but not wholly on the same site, it is difficult to say either that they are on the same site or that they are in the immediate vicinity—that they come, so to speak, somewhere between. This was mentioned to the draftsman last evening and while he has no real doubt that the present draft is in order, he agreed, in view of the remark attributed to the circuit court judge, to make this amendment in order to put the matter beyond any need for argument. Accordingly I commend the amendment to the House.