Intoxicating Liquor Act 2003

• Permanent Page URL

PART 4

Miscellaneous

Jurisdiction of District Court in cases of prohibited conduct on licensed premises.

19.—(1) In this section—

“Act of 2000” means the Equal Status Act 2000 ;

“Authority” means the Equality Authority;

“Court” means the District Court;

“discrimination” means discrimination within the meaning of the Act of 2000, but does not include discrimination in relation to—

(a) the provision of accommodation or any services or amenities related to accommodation, or

(b) ceasing to provide accommodation or any such services or amenities;

“prohibited conduct” means discrimination against, or sexual harassment or harassment of, or permitting the sexual harassment or harassment of a person in contravention of Part II (Discrimination and Related Activities) of the Act of 2000 on, or at the point of entry to, licensed premises.

(2) A person who claims that prohibited conduct has been directed against him or her on, or at the point of entry to, licensed premises may apply to the District Court for redress.

(3) On such an application the Court may, if satisfied that the applicant is entitled to redress, make such order as it considers appropriate in the circumstances, including one or more of the following orders:

(a) an order for compensation for the effects of the prohibited conduct to be paid to the applicant by the licensee,

(b) an order that the licensee of the licensed premises concerned take a course of action specified in the order,

(c) an order for temporary closure of the premises in accordance with section 9 , which section shall have effect, with the necessary modifications, in relation to the order.

(4) The maximum amount which may be ordered under subsection (3)(a) by way of compensation is the maximum amount that can be awarded by the District Court in civil cases in contract.

(5) An order under this section may, if the Court thinks fit, include a statement of the reasons for its decision and shall, if any of the parties so requests, include such a statement.

(6) (a) Where it appears to the Authority that prohibited conduct—

(i) is being generally directed against persons, or

(ii) has been directed against a person who has not applied to the District Court for redress and who could not reasonably be expected to do so,

the Authority may apply to the Court for redress in respect of the prohibited conduct concerned.

(b) The Court shall deal with any such application in the same manner and to the same extent as if—

(i) it had been made under subsection (2), and

(ii) the Authority were the applicant and the person alleged to have engaged in the prohibited conduct were the respondent.

(c) Any order for compensation made by the Court on the application shall not be made in favour of the Authority.

(7) (a) A person who considers that prohibited conduct has been directed against him or her on, or at the point of entry to, licensed premises may request the Authority for assistance in applying to the Court for redress.

(b) Where—

(i) the Authority is satisfied that the case to which the request relates raises an important matter of principle, or

(ii) it appears to it that it is not reasonable to expect the person making the request adequately to present the case before the Court without assistance,

the Authority may, and at any stage, provide such assistance to the person in such form as it thinks fit.

(c) Any function of the Authority under this section may be exercised by an officer of the Authority to whom the function is delegated and any such delegation may specify criteria or other guidelines by reference to which the Authority considers that the delegated function should be exercised.

(8) An appeal to the High Court shall lie from an order of the Circuit Court on an appeal against the District Court's decision on an application for redress, but only on a point of law.

(9) (a) Anything done in the course of a person's employment shall, in any proceedings under this section, be treated for the purposes of this section as done also by the person's employer, whether or not it was done with the employer's knowledge or approval.

(b) Anything done by a person as agent for another person, with the authority (whether express or implied and whether precedent or subsequent) of that other person shall, in any such proceedings, be treated for the purposes of this section as done also by that other person.

(c) In any such proceedings against an employer in respect of an act alleged to have been done by an employee of the employer it shall be a defence for the employer to prove that the employer took such steps as were reasonably practicable to prevent the employee—

(i) from doing the act, or

(ii) from doing in the course of the employment acts of that description.

(10) Where an order has been made under subsection (3), any person may make an objection, related to the prohibited conduct concerned, to the renewal of the licence of the licensed premises, and section 4 of the Courts (No. 2) Act 1986 is to be construed accordingly.

(11) (a) The Act of 2000 shall cease to apply in relation to prohibited conduct occurring on, or at the point of entry to, licensed premises on or after the commencement of this section.

(b) Claims relating to prohibited conduct so occurring before such commencement shall be dealt with as if this Act had not been passed.