Intoxicating Liquor Act, 1962
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Occasional licences. |
11.—(1) Subject to the provisions of this section, on application to a Justice of the District Court by the holder of an on-licence, the Court may, if it so thinks fit, and is satisfied that a special event is being held at any place to which no licence for the sale of intoxicating liquor is attached grant to the applicant a licence (in this section referred to as an occasional licence) authorising him to sell at that place during such times and on such days (not exceeding three), as may be specified in the licence such intoxicating liquor as he is authorised to sell by the on-licence aforesaid. | |
(2) (a) An occasional licence shall not be granted for a dinner unless it is organised as a special function for the entertainment of the members of a particular association, organisation or other like group. | ||
(b) An occasional licence shall not be granted for a dance unless— | ||
(i) it is held elsewhere than in the open air or in a tent, marquee or other such structure, and | ||
(ii) either— | ||
(I) it is organised as a special function for the entertainment of the members of a particular association, organisation or other like group and a substantial meal (the price (if any) of which is included in the price of admission (if any) to the dance) is served to the persons attending the dance, or | ||
(II) it is held wholly or partly on a day that, in the opinion of the Court, is a day of special festivity generally or in the locality in which the place to which the licence relates is situate. | ||
(3) Occasional licences shall not be granted pursuant to clause (II) of subparagraph (ii) of paragraph (b) of subsection (2) of this section for any premises in respect of more than six different days in a year. | ||
(4) It shall be a condition of an occasional licence granted for a dinner or dance that the sale of intoxicating liquor pursuant to the licence be confined to persons attending the dinner or dance to which the licence relates. | ||
(5) An occasional licence shall not be granted in respect of any Sunday, Christmas Day or Good Friday. | ||
(6) Any person appearing to the District Court to have a bona fide interest in the matter may appear and give evidence on the hearing of an application under this section. | ||
(7) The District Court shall not entertain an application under this section unless it is satisfied that the applicant has, not less than forty-eight hours before making the application, served upon the officer in charge of the Garda Síochána for the locality to which the application relates a notice in writing of his intention to make the application, setting out his name and address and the place, occasion and time for which the occasional licence to which the application relates is required. | ||
(8) An occasional licence shall operate to exempt the person to whom it is granted (if and so long as he complies with the conditions subject to which it is granted and the special event for which the licence is granted is held in compliance with the relevant provisions of subsections (2) and (10) of this section) from the provisions of the Licensing Acts relating to the sale and supply of intoxicating liquor at the place and during the time for which the licence is granted. | ||
(9) The provisions of the Licensing Acts requiring an offence to be endorsed on a licence shall not apply to an offence committed in respect of an occasional licence. | ||
(10) An occasional licence shall not be granted for any time after the hour of ten o'clock in the evening or before the hour of eight o'clock in the morning unless the event to which the licence would relate is a dinner or dance. | ||
(11) (a) Section 13 of the Revenue Act, 1862 , section 20 of the Revenue Act, 1863 , section 5 of the Revenue (No. 1) Act, 1864 , and section 6 of the Act of 1927 are hereby repealed in so far as they relate to licences authorising the sale of intoxicating liquor. | ||
(b) Notwithstanding paragraph (a) of this subsection, a licence for the sale of intoxicating liquor may be granted after the commencement of this Act pursuant to a consent given under subsection (2) of the said section 6 before such commencement and a licence granted (whether before or after such commencement) in respect of an event held after such commencement pursuant to such a consent shall continue in force, but if a licence— | ||
(i) is granted pursuant to a consent under the said subsection (2) for which application was made to the District Court after the 19th day of April, 1962, and | ||
(ii) relates to a dance held more than one month after such commencement, | ||
it shall be deemed to be a condition of the licence that a substantial meal be served to the persons attending the dance. |