S.I. No. 9/1962 - District Court (Gaming and Lotteries Act, 1956) Rules, 1962

S.I. No. 9 of 1962.

DISTRICT COURT (GAMING AND LOTTERIES ACT, 1956) RULES, 1962

The District Court Rules Committee, in exercise of the powers conferred on them by section 91 of the Courts of Justice Act, 1924 , section 72 of the Courts of Justice Act, 1936 , and section 48 of the Courts (Supplemental Provisions) Act, 1961 , and with the concurrence of the Minister for Justice, do hereby make the following Rules :—

1. These Rules may be cited as the District Court ( Gaming and Lotteries Act, 1956 ) Rules, 1962.

2. These Rules (of which the Schedule hereto forms part) shall come into operation on the 1st day of March, 1962.

3. In these Rules the word "certificate" means a certificate under section 15 of the Gaming and Lotteries Act, 1956 (No. 2 of 1956); the word "licence" means a licence under section 28 of the said Act ; the word "appeal" means an appeal against the refusal of a Superintendent of the Garda Síochána to grant a permit under section 27 of the said Act and the word "District" means an administrative area of the Garda Síochána in charge of a Superintendent of the Garda Síochána.

4.—(1) An application for the grant of a certificate may be made at any sitting of the District Court for the exercise of summary jurisdiction for the Court Area in which the premises sought to be licensed are situate.

(2) (a) Notice of intention to make such application shall be in accordance with Form 1 in the Schedule hereto, and shall be lodged with the Clerk of the Court Area wherein the application is to be made at least seven days before the date of hearing of the application.

(b) Such notice shall be served on the Superintendent of the Garda Síochána for the District and on the Local Authority within whose administrative area the premises are situate at least twenty-eight days before the date of hearing of the application.

(c) The applicant shall also cause a notice of the intended application to be published at least fourteen days before the hearing in a newspaper circulating in the locality.

(3) Every certificate shall be in accordance with Form 2 in the Schedule hereto or such modification thereof as may be appropriate.

5.—(1) An application for the grant of a licence may be made at any sitting of the District Court for the exercise of summary jurisdiction for the Court Area in which the lottery is to be organised.

(2) (a) Notice of intention to make such application shall be in accordance with Form 3 in the Schedule hereto, and shall be lodged with the Clerk of the Court Area wherein the application is to be made at least seven days before the date of hearing of the application.

(b) Such notice shall be served on the Superintendent of the Garda Síochána for the District in which the lottery is to be organised at least twenty-eight days before the date of hearing of the application.

(3) Every licence shall be in accordance with Form 4 in the Schedule hereto or such modification thereof as may be appropriate.

6.—(1) An appeal may be made at any sitting of the District Court for the exercise of summary jurisdiction for the Court Area in which the applicant for the permit under section 27 of the Act resides.

(2) Notice of intention to appeal shall be in accordance with Form 5 in the Schedule hereto. Such notice shall be served on the Superintendent of the Garda Síochána concerned at least seven clear days before the date fixed for the hearing of the appeal, and shall then be lodged with the Clerk of the Court Area wherein the appeal is to be heard at least four days before the date fixed for the hearing.

(3) A permit granted by the Court on the hearing of an appeal shall be in accordance with Form 6 in the Schedule hereto or such modification thereof as may be appropriate.

7. Any document which is required by these Rules to be served on a Superintendent of the Garda Síochána, shall be deemed to have been duly served if the same is posted to or left at the District Headquarters Station of the district and addressed to such Superintendent.

GIVEN this 30th day of January, 1962.

Cathal Ó Floinn, Chairman

Denis P. O'Donovan

James F. Crotty

Michael J. C. Keane

John Farrell

Henry Barron

John Kelly

Edward H. Byrne

I concur in the making of the foregoing Rules.

Dated this 30th day of January, 1962.

Charles J. Haughey,

Minister for Justice.

SCHEDULE

General heading to be used for all forms :—

AN CHÚIRT DÚICHE

/images/si009y62p0007.jpg

THE DISTRICT COURT

FORM 1.—NOTICE OF INTENTION TO APPLY FOR A CERTIFICATE UNDER THE PROVISIONS OF SECTION 15 of THE GAMING AND LOTTERIES ACT, 1956

.......................................................

Applicant

District Court Area of.............................

District No........................

TAKE NOTICE that the above-named Applicant of.............. in the County of.......................will apply to the District Court sitting at...................on the......... day of....... 19.. at ....... m. for a certificate under Section 15 of the Gaming and Lotteries Act, 1956 (No. 2 of 1956), authorising the issue of a licence permitting gaming at an amusement hall or funfair, namely............................................................ ............................... situate at............................................................ ................... ............................. in said Court Area.

AND FURTHER TAKE NOTICE that the Applicant will rely on the following matters in support of this application :—

1. The applicant is not disqualified by Section 8 of the said Act from the promotion of gaming under Section 6 or Section 7 thereof.

2. Forms of entertainment other than gaming are also to be provided, to wit,

............................................................ ............................................................ ................

Dated this....... day of.............., 19...........

............................................................ ...........

Applicant or Solicitor for Applicant.

To :

The District Court Clerk at.....................

The Superintendent of the Garda Síochána at.............. and.....................(Local Authority).

FORM 2.— GAMING AND LOTTERIES ACT, 1956

CERTIFICATE FOR GAMING LICENCE

District Court Area of............................................................ ..

District No........

WHEREAS:

(1) The Local Authority for the County of................has by resolution adopted Part III of the above Act and the said resolution is still in force in respect of the area in which the premises hereinafter mentioned are situate.

(2) .........................of..................... (hereinafter called the Applicant) has applied to the District Court for thegrant of a Certificate authorising the issue of a licence by the Revenue Commissioners permitting gaming at the Amusement Hall/Funfair situate at......................................................in said Court Area.

(3) Forms of entertainment other than gaming are also provided, to wit

............................................................ ........... ............................................................ ..........................................

(4) The Applicant is not disqualified by Section 8 of the above Act from the promotion of gaming under Section 6 or Section 7 thereof.

THE COURT DOTH THEREFORE ORDER that a Certificate be and the same is hereby granted to the Applicant for the purposes of Part III of the said Act upon the terms and conditions and subject to the restrictions following, that is to say :—

1. This Certificate shall, subject to the provisions of the above Act, be in force during the period from the date hereof to the..........day of................... 19.....

2. Gaming shall not be carried on at the said Amusement Hall/Funfair otherwise than in accordance with the licence granted on foot hereof and during the following hours.........................................

3. Gaming carried on in the said Amusement Hall/Funfair shall be restricted to the following kinds of gaming, to wit..............................and shall be subject to the following provisions :—

(a) the stake in each game shall be not more than sixpence for each player,

(b) no player under sixteen years of age shall be permitted to play,

(d) neither taking part in nor the result of a game shall entitle the player to take part in any other game or lottery or otherwise to receive or be eligible to compete for any money or money's worth.

Dated this..........day of......................, 19.....

.................................................

Justice of the District Court

assigned to said District.

FORM 3.—NOTICE OF INTENTION TO APPLY FOR A LICENCE UNDER THE PROVISIONS OF SECTION 28 of THE GAMING AND LOTTERIES ACT, 1956

......................................................

Applicant

District Court Area of..............................

District No...................

TAKE NOTICE that the above-named Applicant of.................... in the County of.....................will apply to the District Court sitting at..........................on the.................... day of ...................., 19.. at ...... .m. for a licence under Section 28 of the Gaming and Lotteries Act, 1956 (No. 2 of 1956), for the promotion of periodical lotteries during the period from the..........day of.........., 19 to the..........day of...................., 19...

AND FURTHER TAKE NOTICE that the following are the particulars required to be given pursuant to the said Act :—

1. The kind of lottery proposed to be carried on

............................................................ ............................................................ .......................................................

2. The purpose of the lottery

............................................................ ............................................................ .......................................................

3. The amount, or proportion of the proceeds, intended to be devoted to the remuneration of agents, ticket-sellers and other persons employed in connection with the lottery

............................................................ ............................................................ .......................................................

4. The value of the prizes

............................................................ ............................................................ .......................................................

Dated this day of , 19 .

.......................................................

Applicant or Solicitor for

Applicant

To :

The District Court Clerk at

and the Superintendent of the Garda Síochána at

FORM 4.— GAMING AND LOTTERIES ACT, 1956

LICENCE FOR PROMOTION OF A LOTTERY

District Court Area of....................

District No..........

I, the undersigned Justice, acting under and by virtue of the provisions of the Gaming and Lotteries Act, 1966 (No. 2 of 1956), do hereby in pursuance of the powers under the said Act me thereunto enabling grant to of a Licence for the promotion of periodical lotteries in accordance with Section 28 of the said Act, during the period from the day of , 19 to the day of , 19 subject to the provision that each series of lotteries shall comply with the following conditions:—

(a) it shall be for some charitable or philanthropic purpose or purposes, to wit,

............................................................ ............................................................ ..........................................

(b) the licensee shall derive no personal profit from it ;

(c) the total value of the prizes on any occasion shall be not more than five hundred pounds, and, if more than one lottery is held in any week, the total value of the prizes for the week shall be not more than five hundred pounds ;

(d) the value of each prize shall be stated on every ticket or coupon ;

(e) not more than forty per cent. of the gross proceeds shall be utilised for the expenses of promotion, including commission, and any free entry for the lottery shall be deemed to be a payment of commission to the extent of its value.

Dated this day of 19 .

.........................................................

Justice of the District Court

assigned to said District.

FORM 5.—NOTICE OF APPEAL AGAINST REFUSAL OF SUPERINTENDENT TO GRANT A PERMIT UNDER THE PROVISIONS OF SECTION 27 of THE GAMING AND LOTTERIES ACT, 1956

.......................................................

Applicant

District Court Area of......................................

District No.......................

TAKE NOTICE that the above-named Applicant of in the County of will appeal to the District Court sitting at on the day of , 19 at .m. against the refusal of Superintendent of the Garda Síochána at to issue a permit for the promotion of a lottery in accordance with Section 27 of the Gaming and Lotteries Act, 1956 (No. 2 of 1956).

Dated this day of , 19 .

......................................................

Applicant or Solicitor for

Applicant.

To :

The District Court Clerk at

and the Superintendent of the Garda Síochána at

FORM 6.— GAMING AND LOTTERIES ACT, 1956

PERMIT FOR THE PROMOTION OF A LOTTERY

District Court Area of....................

District No...........

WHEREAS :

(1) of (hereinafter called the Applicant) has appealed to the District Court against the refusal of the Superintendent of the Garda Síochána at to issue a permit for the promotion of a lottery in accordance with Section 27 of the above Act,

(2) the Court has allowed the said appeal,

NOW THE COURT DOTH THEREFORE ORDER that a permit be and the same is hereby granted to the Applicant for the promotion of a lottery in accordance with Section 27 of the above Act subject to the provision that the said lottery shall comply with the following conditions :—

(a) the permit-holder shall derive no personal profit from the lottery ;

(b) the total value of the prizes shall be not more than three hundred pounds (£300) ;

Dated this day of , 19 .

....................................................

Justice of the District Court

assigned to said District

EXPLANATORY NOTE.

These Rules, which come into operation on the 1st March, 1962, regulate the practice and procedure of the District Court in relation to the Gaming and Lotteries Act, 1956 , and prescribe forms of notice, certificate, licence and permit.