Intoxicating Liquor Act 2003

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Special exemption orders.

11.—The Act of 1927 is amended by the substitution of the following section for section 5 (special exemption orders), as amended by section 5 of the Act of 2000:

“5.—(1) In this section—

‘local authority’ means a county council, city council or town council;

‘special exemption order’ means an order of the District Court exempting the holder of an on-licence from the provisions of this Act relating to prohibited hours in respect of licensed premises during the hours and on the occasion specified in the order;

‘special occasion’ means—

(a) (i) the occasion of a special event that is organised for the entertainment of the members of a particular association, organisation or other like group, or

(ii) the occasion of a private function,

in the premises in relation to which the special exemption order is sought and at which a substantial meal (the price, if any, of which is included in the price, if any, of admission to the event) is served to the persons attending the event,

(b) the occasion of a dance that is held in a ballroom licensed under the Public Dance Halls Acts 1935 to 2003 and forming part of the premises in relation to which the special exemption order is sought, or

(c) the occasion of a dance that is held in such a ballroom on a day that, in the opinion of the Court, is a day of special festivity generally or in the locality in which the premises are situated.

(2) A special exemption order shall not be granted unless the applicant therefor has, not less than forty-eight hours before making the application, served upon the officer in charge of the Garda Síochána for the licensing area concerned a notice of intention to apply for the order, setting out the applicant's name and address and the special occasion, premises and hours in relation to which the order is sought.

(3) The District Court may make a special exemption order if it thinks fit to do so, having heard the officer in charge of the Garda Síochána for the licensing area concerned and having had regard to the terms of any resolution adopted by a local authority pursuant to subsection (7) of this section in relation to the expiry times of such orders.

(4) A special exemption order—

(a) shall contain the following conditions:

(i) that intoxicating liquor shall not be sold at the event, function or dance to which the order relates during the hours specified in the 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 the order, and

(iii) that the event, function or dance is held in compliance with the relevant provisions of the definition of special occasion in subsection (1) of this section,

and

(b) may contain such other conditions as the Court thinks proper, including, as appropriate, a requirement to install a closed circuit television system.

(5) A special exemption order shall expire—

(a) in case it extends to any Monday that is not a public holiday, at 1.00 a.m., or

(b) in any other case, at 2.30 a.m.,

unless the Court, for stated reasons, considers it expedient to grant the order for a shorter period.

(6) The Court shall not grant a special exemption order in respect of any premises unless it is satisfied that the special occasion will be conducted in a manner that will not cause undue inconvenience or nuisance to persons residing in the locality or create an undue risk to public order therein.

(7) (a) A local authority may adopt a resolution concerning the expiry times referred to in subsection (5) of this section in respect of the whole or a specified part of its administrative area and may by resolution amend or rescind such a resolution.

(b) Such a resolution shall not have effect unless—

(i) at least one month's notice of intention to propose the resolution and of the expiry times to be included in it has been given in writing to each member of the local authority,

(ii) the notice and expiry times have been published in at least two newspapers circulating in the area to which the proposed resolution relates, and

(iii) the notice invites interested parties to submit their views on the proposed resolution.

(c) Before any such resolution is adopted the local authority shall consult with the officer in charge of the Garda Síochána for the licensing area concerned and consider any views submitted by that officer and any other persons, including views in relation to any health aspects of the making of a special exemption order.

(d) The local authority shall cause notice of the adoption of such a resolution to be published in at least two newspapers circulating in the area to which the resolution relates and send a copy of the resolution to the district court clerk for the district court district in which is situated the area to which the resolution relates.

(e) In any proceedings evidence of the passing of such a resolution may be given by the production of a copy of a newspaper containing the notice referred to in paragraph (d) of this subsection or by the production of a certificate to that effect purporting to be under the seal of the local authority concerned.

(8) Any person to whom a special exemption order has been granted shall, if and so long as the person complies with the conditions upon which it has been granted, be exempt during the hours and on the special occasion specified in the order from any penalty for contravention of the provisions of this Act relating to prohibited hours in respect of the premises to which the order relates but not from any other penalty under this or any other Act.

(9) Special exemption orders shall not be made in respect of more than twelve days in a year for any dance referred to in paragraph (c) of the definition of ` “special occasion” ' in subsection (1).”.