44.—(1) Where a person (in this section referred to as the applicant) duly gives notice of his intention to apply for an on-licence in respect of specified premises and, at the proceedings in the Circuit Court in relation to the application, the applicant shows to the satisfaction of the Court—

(a) that the premises are holiday camp premises or a part or parts thereof,

(b) that the holiday camp in which they are situate complies with the following conditions—

(i) it has proper residential accommodation for at least two hundred and fifty guests at any one time,

(ii) F26[…]

(iii) the buildings thereon are wholly or mainly of a permanent character,

the Court may, notwithstanding anything contained in the Act of 1902, but subject to subsection (2) of this section, cause such certificate as is mentioned in section 5 of the Act of 1833 to be given to the applicant declaring him to be duly entitled to receive an on-licence in respect of the premises.

(2) A certificate shall not be given in respect of the premises if the Court, in consequence of an objection made under section 4 of the Act of 1833, prohibits under that section the issuing of an on-licence on one or more of the following grounds:—

(a) the character, misconduct or unfitness of the applicant;

(b) the unfitness or inconvenience of the premises or of the holiday camp in which the premises are situate;

(c) that the holiday camp is not conducted in an orderly manner.

(3) Where the certificate is given to the applicant nothing in the Act of 1902 shall operate to prevent the grant to him of the licence which the certificate declares him to be entitled to receive.