S.I. No. 259/2005 - District Court (Intoxicating Liquor) Rules, 2005

STATUTORY INSTRUMENTS

S.I. No. 259 of 2005

District Court (Intoxicating Liquor) Rules, 2005

SI 259 of 2005

District Court (Intoxicating Liquor) Rules 2005

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 , section 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court:-

1. These rules may be cited as the District Court (Intoxicating Liquor) Rules 2005.

2. These rules shall come into operation on the 3rd day of June 2005 and shall be read together with all other District Court Rules for the time being in force.

3. Order 71 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) shall be amended by the substitution therefor, of the following:

“1(1) Save as is hereinafter provided, an application for a special exemption order pursuant to section 5 of the Intoxicating Liquor Act 1927 as substituted by section 11 of the Intoxicating Liquor Act 2003 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.

(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.

(3) Where the application is granted the Order shall be in accordance with Form 71.1 Schedule C.

(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”.

4. Order 80 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) shall be amended by the insertion immediately following Order 80, rule 9 of the following:

“ Applications for redress under the Intoxicating Liquor Act 2003 ”

10. “An application to the Court for an order pursuant to sub-section (2) or sub-section (6) of Section 19 of the Intoxicating Liquor Act 2003 shall be made to the Judge for the time being assigned to the Court for the court district in which the relevant licensed premises are situated. Such application shall be by notice of application in the Form 80.5, Schedule C and shall be served on the respondent by prepaid registered post not later than seven days before the date of the sitting for which the application is returnable. An order made pursuant to sub-section (2) or sub-section (6) of Section 19 of the said Act of 2003 on such application shall be in the Form 80.6, Schedule C”.

5 Order 83 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) shall be amended by the substitution for rule 7(2) of the following:

“The Court shall not consider any objection to the renewal of a certificate unless it is taken upon one or more of the grounds specified in

- section 5 of the Act, as amended by section 46 of the Act of 1988, or

- section 24(2) of the Act of 1924, or

- section 19(10) of the Intoxicating Liquor Act 2003 ”

6 The Form numbered 71.1 in Schedule C of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) shall be deleted and the Form numbered 71.1 in Schedule 1 hereof shall be added to the Forms in Schedule C of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) in substitution therefor.

7 The Forms numbered 80.5 and 80.6 in Schedule 2 hereof shall be added to the Forms in Schedule C of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ).

Schedule 1

No.71.1			SCHEDULE C O.71.r.1(3)
INTOXICATING LIQUOR ACT. 1927
Section 5 As substituted by
INTOXICATING LIQUOR ACT 2003
Section 11
SPECIAL EXEMPTION ORDER
District Court Area of District No.
THE COURT HEREBY GRANTS to............................................................ ...............
Of
The holder of an on-licence in respect of the premises situate at ............................................................ ............................................................ ............................ in court area and district aforesaid			*Delete whichever inapplicable
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
to	on the on the	day of 20 day of 20
On a SPECIAL OCCASION to wit:-
IT HAVING BEEN SHOWN TO THE SATISFACTION OF THE COURT
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 persons 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).
*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 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, and (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 sub-section (1) of section 5 of the Intoxicating Liquor Act, 1927 (as substituted by section 11 of the Intoxicating Liquor Act 2003 ).
AND THIS ORDER IS GRANTED SUBJECT TO THE FOLLOWING ADDITIONAL CONDITIONS WHICH THE COURT THINKS PROPER *[insert as appropriate] Dated this day of 200
Signed.......................................... Judge of the District Court

Schedule 2

No. 80.5

INTOXICATING LIQUOR ACT 2003

Section 19

[Section 23]

NOTICE OF APPLICATION

District Court Area of

District No.

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

............................................................ ............................................................ ............................... Respondent

TAKE NOTICE that the above-named applicant of

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

intends to apply to the District Court sitting at............................................................ .................... on the day of 20 at a.m/p.m pursuant to *section 19(2)/section 19(6) of the above-mentioned Act of 2003 for redress in respect of prohibited conduct (within the meaning of section 19(1) of the said Act against the respondent whose premises are situated at.......................................................

in the court area and district aforesaid, on the following grounds:-

Dated this day of 20

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

Applicant/solicitor for applicant

To the District Court Clerk

District Court Office

At.........................

To *the Respondent/Secretary of the above-named Club

At................................

No. 80.6

INTOXICATING LIQUOR ACT 2003

Section 19

[Section 23]

ORDER

District Court Area of

District No.

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

............................................................ ............................................................ ............................. Respondent

UPON THE HEARING by the Court on the day of 20 of an application by the above-named applicant for redress in respect of prohibited conduct (within the meaning of section 19(1) of the above-mentioned Act of 2003) against the respondent, whose premises are situated at....................................................

in the court area and district aforesaid made on the grounds that:-

Being satisfied that notice of the application was duly served

And having heard the evidence tendered

IT IS HEREBY ORDERED THAT

*the respondent pay the sum of € by way of compensation for the effects of the prohibited conduct to the applicant.

*the respondent take the following course of action specified for the purposes of section 19(3)(b) of the said Act of 2003, namely

*the said premises/that part of the said premises comprising

........................................... be closed for a period of ...................................... days commencing on the thirtieth day after the date of this Order (provided that, if appeal if made from this Order, the said period shall not commence until the thirtieth day after this Order is affirmed) and the effect of this Order is as if *the premises/the said part of the premises were not licensed for the sale of intoxicating liquor during the said period, and IT IS FURTHER ORDERED that the said licensee affix to the exterior of the said premises in a conspicuous place a notice specifying the period of closure and stating that the closure is in compliance with this order.

AND/OR IT IS ORDERED THAT

STATEMENT OF REASONS FOR THE PURPOSES OF SECTION 19(5) OF THE SAID ACT OF 2003

Dated this day of 20

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

Judge of the District Court

Given this 11th day of April 2005

Peter Smithwick	Chairman
Uinsin Mac Gruairc
John P Brophy
Mary C Devins
Thomas E O'Donnell
Noel Rubotham
Elizabeth Hughes	Secretary

I concur in the making of the foregoing rules

Dated this 19th day of May 2005

Michael McDowell

Minister for Justice, Equality and Law Reform

EXPLANATORY NOTE

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

These Rules amend Orders 71, 80 and 83 of the District Court Rules 1997.