S.I. No. 174/2009 - District Court (Intoxicating Liquor Act 2008) Rules 2009

S.I. No. 174/2009 - District Court (Intoxicating Liquor Act 2008) Rules 2009 2009 174

S.I. No. 174 of 2009

DISTRICT COURT (INTOXICATING LIQUOR ACT 2008) RULES 2009

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 8th May, 2009.

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the section 72 of the section 34 of the section 24 of the Interpretation Act 2005 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court.

Dated this 17 day of November 2008.

Miriam Malone Chairperson

Uinsin Mac Gruairc

Mary C Devins

Thomas E O'Donnell

Brian Sheridan

Fiona Twomey

Roy Pearson

Noel A Doherty

Michelle Johnston

I concur in the making of the following rules of court.

Dated this 27 day of April 2009.

DERMOT AHERN,

Minister for Justice, Equality and Law Reform.

S.I. No. 174 of 2009

DISTRICT COURT (INTOXICATING LIQUOR ACT 2008) RULES 2009

1. These rules may be cited as the District Court (Intoxicating Liquor Act 2008) Rules 2009.

2. These rules shall come into operation on the 25 day of May 2009 and shall be construed together with the District Court Rules 1997 to 2009.

3. The District Court Rules 1997 ( S.I. No. 93 of 1997 ) are amended by the substitution for Orders 68, 71 (as amended by the District Court (Intoxicating Liquor) Rules 2005 ( S.I. No. 259 of 2005 )) and 72 respectively of the Orders bearing the like numbers set out in Schedule 1.

4. The Forms numbered 68.1 to 68.10 inclusive in Schedule 2 shall be substituted for the Forms 68.1 to 68.8 inclusive in Schedule C of the District Court Rules 1997 ( S.I. No. 93 of 1997 ). The Forms numbered 71.1 and 72.1 to 72.4 inclusive in Schedule 2 shall be substituted for the Forms bearing the like numbers in Schedule C of the District Court Rules 1997 ( S.I. No. 93 of 1997 ).

SCHEDULE 1

"Order 68

Licensing Acts 1833 to 2008

- Certificates for spirit retailers' licences, beer retailers' licences, wine retailers' licences, wholesale beer licences;

- Declarations of fitness under section 15 of the Intoxicating Liquor Act 1960

1. (1) An application for the grant of a certificate entitling the applicant to receive an excise licence for the sale of intoxicating liquor for consumption off the premises or for a declaration as to the fitness and convenience of proposed licensed premises may be made at any sitting of the Court for the court area in which the premises or proposed premises for which the certificate or declaration is sought are situate.		Venue - Off-licence applications
(2) Every such application shall be preceded by the issue and service of a notice in one of the Forms 68.1 to 68.5, Schedule C, as the case may be, signed by the applicant or solicitor for the applicant.		Forms of notice
(3) Such notice shall be served upon the Superintendent of the Garda Síochána within whose district the premises or proposed premises are situate at least twenty-one days before the date of hearing of the application.		Service of notice
(4) Where the application is for the grant of a certificate entitling the applicant to receive a spirit retailers licence, a beer retailers licence or a wine retailers licence, the applicant shall, at least twenty-one days before the date of the hearing of the application, cause a notice of the intended application to be published in a newspaper circulating in the place in which the premises concerned are situate.		Newspaper notice for spirit, beer or wine retailers application
(5) Where the application is for a declaration that the premises would be fit and convenient to be licensed the applicant shall cause a notice of the intended application to be published at least twenty-one days before the date of the hearing of the application in a newspaper circulating in the place in which the premises concerned are situate.		Newspaper notice of application for declaration
(6) When service of the notice of application has been effected, the original of the notice, together with a statutory declaration as to service thereof, a copy of the newspaper (where required) and a plan of the premises shall be lodged with the Clerk at least ten days before the date of hearing of the application.		Lodgment of notice, newspaper, etc.
(7) Where the application is granted, the certificate or declaration shall be in accordance with one of the Forms 68.6 to 68.10, Schedule C, as the case may be.		Order of Court"

"Order 71

Special exemption orders

1. (1) Save as is hereinafter provided, an application for a special exemption order pursuant to section 5 of the section 11 of the section 10 of the Intoxicating Liquor Act 2008 ) may be made at any sitting of the Court for the court area in which the premises for which the order is sought are situate.		Venue
(2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the licensing area in which the premises to which the application relates are situate, and a copy thereof shall be lodged with the Clerk, at least forty-eight hours before the date of the hearing of the application.		Service and lodgment of notice
(3) Where the application is granted the Order shall be in accordance with Form 71.1, Schedule C.		Order of Court
(4) A Judge may, where special circumstances so require, hear an application and grant such exemption order at a sitting of the Court in any court area in his or her district.		In certain circumstances may be granted at any sitting. "

"Order 72

General exemption orders

1. (1) An application for a general exemption order pursuant to section 4 of the section 10 of the section 15 of the section 5 of the Intoxicating Liquor Act 2008 , may be made at a sitting of the Court for the court area in which the premises for which the order is sought are situate. The application shall be made at the Annual Licensing Court.		Venue
(2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 72.1 or 72.2, Schedule C, as the case may be) signed by the applicant or solicitor for the applicant.		Form of notice
(3) Such notice shall be served upon the officer in charge of the Garda Síochána for the area in which the premises to which the application relates are situate at least seven days before the date of hearing of the application.		Service of notice
(4) When service has been effected the original of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.		Lodgment of notice
(5) Where the application is granted the Order shall be in accordance with Form 72.3 or 72.4, Schedule C, as the case may be.		Order of Court
* (6) Every such order shall, unless withdrawn in pursuance of subsection (6) of section 4 of the Intoxicating Liquor Act 1927 , or expressed to expire sooner, remain in force until the next Annual Licensing Court for the court area in which the premises are situate.		In force to Annual Licensing Court
-� 2. A general exemption order shall not be granted in respect of premises unless a general exemption order was in force in respect of thepremises on 30 May 2008, or for any time on any Sunday, St. Patricks Day, Christmas Day or Good Friday.		Prohibited premises and days"

* Intoxicating Liquor Act 1960 [Sec. 10].

-� Intoxicating Liquor Act 1927 (Sec. 4(7) as amended by Intoxicating Liquor Act 2008 [Sec. 5]).

SCHEDULE C O.68, r.1 (2)

SCHEDULE 2 No. 68.1

LICENSING ACT 1872, Section 82

LICENSING ACT (IRELAND) 1874, Section 9

BEER RETAILERS AND SPIRIT GROCERS RETAIL LICENCES (IRELAND) ACT 1900

LICENSING (IRELAND) ACT 1902

INTOXICATING LIQUOR ACT 2008, Section 7

NOTICE OF APPLICATION FOR A CERTIFICATE FOR A NEW SPIRIT RETAILERS OFF-LICENCE

District Court Area of District No.

Applicant

TAKE NOTICE that of intends to apply to the Court at...............................................on the .. day of .20. at ..m. for a certificate to hold a SPIRIT RETAILERS OFF-LICENCE in respect of the premises situate at in court area and district aforesaid.

* (AND FURTHER TAKE NOTICE that the Applicant has previously held a Licence for the sale of at the house and premises situate at which sale and Licence was discontinued on or about the .. day of ..20..)

* Delete where inapplicable

Dated this .. day of .20.

Signed...........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána

To the District Court Clerk at

SCHEDULE CO.68, r.1 (2)

No. 68.2

BEER HOUSES (IRELAND) ACT 1864, Section 3

LICENSING ACT (IRELAND) 1874, Sections 10 and 37

BEER LICENCES (IRELAND) ACT 1877, Section 2

BEER RETAILERS AND SPIRIT GROCERS RETAIL LICENCES (IRELAND) ACT 1900

LICENSING (IRELAND) ACT 1902

INTOXICATING LIQUOR ACT 2008, Section 7

NOTICE OF APPLICATION FOR A CERTIFICATE FOR A NEW BEER RETAILERS OFF-LICENCE

District Court Area of District No.

Applicant

TAKE NOTICE thatof intends to apply to the Court at................................. on the .day of......20. at ...m. for a certificate to hold a BEER RETAILERS OFF-LICENCE in respect of the premises situate at .............................................. in court area and district aforesaid.

* Delete where inapplicable

Dated this .... day of......20.

Signed...........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána

To the District Court Clerk at

SCHEDULE CO.68, r.1 (2)

No. 68.3

LICENSING ACT (IRELAND) 1874, Sections 9 and 10

INTOXICATING LIQUOR ACT 2008, Sections 6, 7 and 8

NOTICE OF APPLICATION FOR A CERTIFICATE FOR A NEW WINE RETAILERS OFF-LICENCE

District Court Area of District No.

Applicant

TAKE NOTICE that of intends to apply to the Court at...............................................on the .. day of .20. at ..m. for a certificate to hold a WINE RETAILERS OFF-LICENCE in respect of the premises situate at in court area and district aforesaid.

Dated this .. day of .20.

Signed...........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána,

To the District Court Clerk at

SCHEDULE CO.68, r.1 (2)

No. 68.4

LICENSING ACT (IRELAND) 1874, Sections 8 and 37

BEER LICENCES (IRELAND) ACT 1877, Section 2

BEER RETAILERS AND SPIRIT GROCERS RETAIL LICENCES (IRELAND) ACT 1900

NOTICE OF APPLICATION FOR A CERTIFICATE FOR A NEW WHOLESALE BEER DEALERS LICENCE

District Court Area of District No.

Applicant

TAKE NOTICE that of intends to apply to the Court at...................................on the .day of......20. at.m. for a certificate to hold a WHOLESALE BEER DEALERS LICENCE in respect of the premises situate at.................................. in court area and district aforesaid.

* (AND FURTHER TAKE NOTICE that the Applicant has previously held a Licence for the sale of................................................................................................. at the house and premises situate at...................................................................... which sale and Licence was discontinued on or about the .day of......20..)

* Delete where inapplicable

Dated this .day of......20.

Signed...........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána

To the District Court Clerk at

SCHEDULE CO.68, r.1(2)

No. 68.5

INTOXICATING LIQUOR ACT 1960, Section 15

NOTICE OF APPLICATION FOR A DECLARATION AS TO FITNESS AND CONVENIENCE OF PROPOSED OFF-LICENCE PREMISES

District Court Area of District No.

Applicant

TAKE NOTICE thatof intends to apply to the Court at.................................................on the .day of......20..at .m. for a DECLARATION that premises situate at............................................. in court area and district aforesaid,

which the applicant proposes to acquire/construct/alter would be fit and convenient for the purpose of carrying on the business of a *Spirit Retailer, *Beer Retailer, *Wine Retailer, *Wholesale Beer Dealer.

AND FURTHER TAKE NOTICE that a copy of the plans of the said premises is being deposited with you.

Dated the .day of......20..

Signed...........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána

To the District Court Clerk at

* Delete where inapplicable

SCHEDULE CO.68, r.1(7)

No. 68.6

LICENSING ACTS 1833 TO 2008

CERTIFICATE FOR A NEW SPIRIT RETAILERS OFF-LICENCE

District Court Area of District No.

THE COURT HEREBY GRANTS to. of this certificate to hold a SPIRIT RETAILERS OFF-LICENCE in respect of the premises situate at............................................................................... in court area and district aforesaid,

AND CERTIFIES AS FOLLOWS:-

1. To the character, conduct and fitness of the said ..

2. To the fitness and convenience of the said premises.

3. To the suitability of the said premises for the needs of persons residing in the neighbourhood.

4. To the inadequacy of the existing number of licensed premises of the same character in the neighbourhood.

5. That the Licence to be granted for the said premises shall be in substitution for the existing licence(s) (within the meaning of section 18(1) of the Intoxicating Liquor Act 2000 ) in respect of the premises situate at*(and).

*AND IT IS A CONDITION OF THE GIVING OF THIS CERTIFICATE THAT a closed circuit television system be *installed and/or *used and/or *operated in respect of the premises concerned and, accordingly, if there is any failure to comply with such condition, such failure shall relate to the good character of the licensee for the purposes of the renewal under the Courts (No. 2) Act 1986 of the relevant off-licence concerned.

Dated this.. day of..20.

Signed...........................................................

Judge of the District Court

* Delete where inapplicable

SCHEDULE CO.68, r.1 (7)

No. 68.7

LICENSING ACTS 1833 TO 2008

CERTIFICATE FOR A NEW BEER RETAILERS OFF-LICENCE

District Court Area of District No.

THE COURT HEREBY GRANTS of this certificate to hold a BEER RETAILERS OFF-LICENCE in respect of the premises situate at.......................................................................... in court area and district aforesaid,

AND CERTIFIES AS FOLLOWS:-

1. To the character, conduct and fitness of the said ..

2. To the fitness and convenience of the said premises.

3. To the suitability of the said premises for the needs of persons residing in the neighbourhood.

4. To the inadequacy of the existing number of licensed premises of the same character in the neighbourhood.

Dated this.. day of..20.

Signed...........................................................

Judge of the District Court

* Delete where inapplicable

SCHEDULE CO.68, r.1(7)

No. 68.8

LICENSING ACTS 1833 TO 2008

CERTIFICATE FOR A NEW WINE RETAILERS OFF-LICENCE

District Court Area of District No.

THE COURT HEREBY GRANTS to of........................................................................................................ this certificate to hold a WINE RETAILERS OFF-LICENCE in respect of the premises situate at............................................................................. in court area and district aforesaid,

AND CERTIFIES AS FOLLOWS:-

1. To the character, conduct and fitness of the said ..

2. To the fitness and convenience of the said premises.

3. To the suitability of the said premises for the needs of persons residing in the neighbourhood.

4. To the inadequacy of the existing number of licensed premises of the same character in the neighbourhood.

Dated this.. day of..20.

Signed...........................................................

Judge of the District Court

* Delete where inapplicable

SCHEDULE CO.68, r.1 (7)

No. 68.9

LICENSING ACTS 1833 TO 2008

CERTIFICATE FOR A NEW WHOLESALE BEER DEALERS LICENCE

District Court Area of District No.

THE COURT HEREBY GRANTS to of ......................................................................................................................... this certificate to hold a WHOLESALE BEER DEALERS LICENCE in respect of the premises situate at............................................................................... in court area and district aforesaid,

AND CERTIFIES AS FOLLOWS:-

1. To the good character of the said

2. To the suitability of the said premises.

3. That the said premises, with the premises belonging thereto and occupied therewith, are rated for the relief of the Poor in the sum of not less than €....

Dated this.. day of..20.

Signed...........................................................

Judge of the District Court

SCHEDULE CO.68, r.1 (7)

No. 68.10

INTOXICATING LIQUOR ACT 1960, Section 15

DECLARATION AS TO FITNESS AND CONVENIENCE OF PROPOSED

OFF-LICENCE PREMISES

District Court Area of District No.

THE COURT HEREBY GRANTS to of.......................................................................................... this declaration that the premises situate at......................................................... in court area and district aforesaid which the said....................................................... proposes to acquire/ construct/alter would be fit and convenient for the purpose of carrying on the business of a *Spirit Retailer, *Beer Retailer, *Wine Retailer, *Wholesale Beer Dealer it having been shown to the satisfaction of the Court that,

1. if the acquisition/construction/alteration, of the premises were completed and an application for the grant of a certificate to hold a *Spirit Retailer Off-Licence, *Beer Retailer Off-Licence, *Wine Retailer Off-Licence, *Wholesale Beer Dealer Licence were made and no objection on the ground of the character, misconduct or unfitness of the Applicant were made on the hearing of the application, it would be proper, having regard to the provisions of the Licensing Acts 1833 to 2008, to grant the application.

-� 2. the applicant is the holder of the lowest estate or tenancy in the site on which it is proposed to construct the premises or, if he/she is not such holder, that the holder thereof has agreed to convey the lowest estate or tenancy in the site to the applicant if and when this declaration in relation to the site is made.

-� Delete where inapplicable

Dated this.. day of..20.

Signed...........................................................

Judge of the District Court

NOTE

This declaration remains in force for two years from the grant thereof or for such longer period as the Court granting the application may in any particular case think proper to provide.

* Delete where inapplicable

SCHEDULE CO.71.r.1 (3)

No. 71.1

INTOXICATING LIQUOR ACT 1927, Section 5

as amended by

INTOXICATING LIQUOR ACT 2008, Section 10

SPECIAL EXEMPTION ORDER

District Court Area of District No.

THE COURT HEREBY GRANTS toof

The holder of *an on-licence *a theatre licence in respect of the premises situate at ...in court area and district aforesaid

THE SPECIAL EXEMPTION ORDER subject to conditions hereinafter contained, exempting the applicant from the provisions of the Licensing Acts relating to prohibited hours in respect of the said premises during the hours from ...on the .. day of...20. to.on the .. day of ..20.

On a SPECIAL OCCASION to wit:-

THE COURT BEING SATISFIED

That due notice of intention to apply for this order was served upon the officer in charge of the Garda Síochána for the licensing area, and after hearing such officer,

*(that the said premises contain a ballroom licensed in the name of the Applicant under the Public Dance Halls Act 1935 , the said ballroom forming part of the said premises).

*[that the *special event *private function in relation to which this order is sought is one at which a substantial meal (the price (if any) of which is included in the price (if any) of admission to the event) will be served to the person attending it].

*(that the special occasion is the occasion of a dance to be held in the said ballroom on a day that, in the opinion of the Court, is a day of special festivity*generally *in the locality in which the premises are situate).

that the premises comply with the fire safety standards under the Building Control Act 1990 applicable to such premises, and

that the special occasion will be conducted in a manner that will not-

(i) cause undue inconvenience or nuisance to persons residing in the locality, or

(ii) create an undue threat to public order or public safety in the locality

*AND HAVING HAD REGARD to the terms of a resolution adopted by the relevant Local Authority for the purposes of section 5(7) of the said Act of 1927 (inserted by section 11 of the Intoxicating Liquor Act 2003 )

THIS ORDER IS GRANTED SUBJECT TO THE FOLLOWING CONDITIONS

(i) that intoxicating liquor shall not be sold at the event, function or dance to which it relates during the hours specified in this order to persons other than those attending the event,

(ii) that members of the public, other than persons so attending, shall not be admitted to the part of the premises in which intoxicating liquor is being supplied or consumed pursuant to this order,

(iii) that the event, function or dance in relation to which this order is granted shall be held in compliance with the relevant provisions of the definition of 'special occasion' in sub-section (1) of section 5 of the section 11 of the Intoxicating Liquor Act 2003 ),

(iv) that, in the case of a special occasion which does not fall within the definition of 'special occasion' in sub-section (1)(a)(ii) of section 5 of the section 11 of the Intoxicating Liquor Act 2003 ), a closed circuit television system be in operation on the premises concerned during the course of the special occasion,

(v) that if subparagraph (iv) of section 5(4)(a) of the section 10 of the Intoxicating Liquor Act 2008 ), is applicable but the premises concerned do not have a closed circuit television system installed in them, that a closed circuit television system be installed in them for the purposes of that subparagraph, and

(vi) that any person providing, in respect of the event, function or dance, a security service as a door supervisor, within the meaning of section 2(1) of the Private Security Services Act 2004 , be the holder of a licence required under that Act to provide such service.

*[AND THIS ORDER IS GRANTED SUBJECT TO THE FOLLOWING ADDITIONAL CONDITIONS WHICH THE COURT THINKS PROPER:

insert as appropriate]

Dated this.. day of..20.

Signed..

Judge of the District Court

* Delete where inapplicable

SCHEDULE CO.72, r.1 (3)

No. 72.1

INTOXICATING LIQUOR ACT 1927, Section 4

INTOXICATING LIQUOR ACT 1960, Section 10

INTOXICATING LIQUOR ACT 1962, Section 15

INTOXICATING LIQUOR ACT 2008, Section 5

NOTICE OF APPLICATION FOR A GENERAL EXEMPTION ORDER IN RESPECT OF PREMISES SITUATE IN THE VICINITY OF A PUBLIC MARKET OR FAIR

District Court Area of District No.

.........................................................................................................................Applicant

TAKE NOTICE that ofthe holder of an on-licence in respect of the premises situate atin court area and district aforesaid,in respect of which premises a general exemption order was in force on 30 May 2008 and which said premises are situated in the vicinity of a PUBLIC MARKET OR FAIR, to wit:-

intends to apply to the Annual Licensing Court aton the .. day of................20.at.............m. for a GENERAL EXEMPTION ORDER exempting the applicant from the provisions of the Intoxicating Liquor Act 1927 , relating to prohibited hours in respect of the said premises on the following days and during the following hours to wit:-

Dated this .. day of..20.

Signed...........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána,

To the District Court Clerk at

SCHEDULE CO.72, r.1 (3)

No. 72.2

INTOXICATING LIQUOR ACT 1927, Section 4

INTOXICATING LIQUOR ACT 1960, Section 10

INTOXICATING LIQUOR ACT 1962, Section 15

INTOXICATING LIQUOR ACT 2008, Section 5

NOTICE OF APPLICATION FOR A GENERAL EXEMPTION ORDER IN RESPECT OF PREMISES SITUATE IN THE VICINITY OF A PLACE AT WHICH A CONSIDERABLE NUMBER OF PERSONS ARE FOLLOWING A LAWFUL TRADE OR CALLING

District Court Area of District No.

.........................................................................................................................Applicant

TAKE NOTICE thatofthe holder of an on-licence in respect of the premises............................................situate atin court area and district aforesaid,in respect of which premises a general exemption order was in force on 30 May 2008 and which said premises are situated in the vicinity of a place at which a considerable number of persons are following the lawful trade or calling of............................................. intends to apply to the Annual Licensing Court at............................................on the .. day of..20.at..............m. for a GENERAL EXEMPTION ORDER exempting the applicant from the provisions of the Intoxicating Liquor Act 1927 , relating to prohibited hours in respect of the said premises on every weekday between the hours of and

Dated this .. day of..20.

Signed...........................................................

Applicant or Solicitor for Applicant

To the Superintendent of the Garda Síochána,

To the District Court Clerk at

SCHEDULE CO.72, r.1 (6)

No. 72.3

INTOXICATING LIQUOR ACT 1927, Section 4

INTOXICATING LIQUOR ACT 1960, Section 10

INTOXICATING LIQUOR ACT 1962, Section 15

INTOXICATING LIQUOR ACT 2008, Section 5

GENERAL EXEMPTION ORDER IN RESPECT OF PREMISES SITUATE IN THE VICINITY OF A PUBLIC MARKET OR FAIR

District Court Area of District No.

THE COURT HEREBY GRANTS toofthe holderof an on-licence in respect of the premises................................................situate at......................................................................... in court area and district aforesaid,which said premises are situated in the vicinity of a PUBLIC MARKET OR FAIR, to wit:-

this GENERAL EXEMPTION ORDER exempting the Applicant from the provisions of the Intoxicating Liquor Act 1927 relating to prohibited hours in respect of the said premises on the following days and during the following hours, to wit:-

subject to the following conditions and restrictions:-

1. This General Exemption Order shall continue in force and effect until the date of the next Annual Licensing Court for said court area or the sooner termination thereof by course of law.

2. The holder hereof shall during every period of said exemption supply on said premises food and non-alcoholic drink at reasonable prices to any person demanding the same.

3. The holder hereof is hereby required during every period of exemption to keep affixed on the outside of the said premises a notice in legible letters in the form in the Schedule hereto.

IT HAVING BEEN SHOWN TO THE SATISFACTION OF THE COURT

1. That a general exemption order was in force on 30 May 2008 in respect of said premises and

2. That due notice of the application for this order was served upon the officer in charge of the Garda Síochána for the licensing area, and, after hearing such officer,

3. That it is necessary and desirable to grant this Order for the accommodation of a considerable number of persons attending the said public market or fair.

Dated this.. day of..20.

Signed............................................

Judge of the District Court

SCHEDULE

NOTICE

LICENSING ACTS 1833 TO 2008

A General Exemption Order has been granted to the holder of the on-licence in respect of these premises exempting the said holder from the provisions of the above Acts relating to prohibited hours on every week-day between the hours of .......... and ........... for the accommodation of a considerable number of persons attending a public market or fair, to wit,.................................................... in the vicinity of these premises.

The licence holder is bound during every period of exemption to supply on these premises food and non-alcoholic drink at reasonable prices to any person demanding the same.

SCHEDULE CO.72, r.1 (5)

No. 72.4

INTOXICATING LIQUOR ACT 1927, Section 4

INTOXICATING LIQUOR ACT 1960, Section 10

INTOXICATING LIQUOR ACT 1962, Section 15

INTOXICATING LIQUOR ACT 2008, Section 5

GENERAL EXEMPTION ORDER IN RESPECT OF PREMISES SITUATE IN THE VICINITY OF A PLACE AT WHICH A CONSIDERABLE NUMBER OF PERSONS ARE FOLLOWING A LAWFUL TRADE OR CALLING

District Court Area of District No.

THE COURT HEREBY GRANTS to. of the holderof an on-licence in respect of the premises ................................................ situate at .......................................................................... in court area and district aforesaid, which said premises are situated in the vicinity of a place at which a considerable number of persons are following the lawful trade or calling of .

this GENERAL EXEMPTION ORDER exempting the Applicant from the provisions of the Intoxicating Liquor Act 1927 relating to prohibited hours in respect of the said premises on every weekday between the hours of and ., subject to the following conditions and restrictions:-

1. This General Exemption Order shall continue in force and effect until the date of the next Annual Licensing Court for said court area or the sooner termination thereof by course of law.

2. The holder hereof shall during every period of said exemption supply on said premises food and non-alcoholic drink at reasonable prices to any person demanding the same.

3. The holder hereof is hereby required during every period of exemption to keep affixed on the outside of the said premises a notice in legible letters in the form in the Schedule hereto.

IT HAVING BEEN SHOWN TO THE SATISFACTION OF THE COURT

1. That a general exemption order was in force on 30 May 2008 in respect of said premises and

2. That due notice of the application for this order was served upon the officer in charge of the Garda Síochána for the licensing area, and, after hearing such officer,

3. That it is necessary and desirable to grant this Order for the accommodation of a considerable number of persons attending the said public market or fair.

Dated this.. day of..20.

Signed................................................

Judge of the District Court

SCHEDULE

NOTICE

LICENSING ACTS 1833 TO 2008

A General Exemption Order has been granted to the holder of the on-licence in respect of these premises exempting the said holder from the provisions of the above Acts relating to prohibited hours on every week-day between the hours of .......... and ........... for the accommodation of a considerable number of persons following the lawful trade or calling of in the vicinity of these premises.

The licence holder is bound during every period of exemption to supply on these premises food and non-alcoholic drink at reasonable prices to any person demanding the same.

EXPLANATORY NOTE

(This does not form part of the Instrument and does not purport to be a legal interpretation)

These Rules substitute Orders 68, 71, and 72 of the District Court Rules and the corresponding forms on foot of amendments in the Intoxicating Liquor Act 2008 .

* Intoxicating Liquor Act 1960 [Sec. 10].

-� Intoxicating Liquor Act 1927 (Sec. 4(7) as amended by Intoxicating Liquor Act 2008 [Sec. 5]).

* Delete where inapplicable

-� Delete where inapplicable

* Delete where inapplicable

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Irish Statutory Instruments

S.I. No. 174/2009 - District Court (Intoxicating Liquor Act 2008) Rules 2009