S.I. No. 1/2011 - District Court (Intoxicating Liquor) Rules 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th January, 2011.

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 34 of the Courts (Supplemental Provisions) Act 1961 and section 24 of the Interpretation Act 2005 , do hereby, with the concurrence of the Minister for Justice and Law Reform, make the following rules of court.

Dated this 29th day of November 2010.

Mary C Devins

Thomas E O’Donnell

Brian Sheridan

David Riordan

Roy Pearson

Noel A Doherty

I concur in the making of the following rules of court.

Dated this 12th day of January 2011.

DERMOT AHERN,

Minister for Justice and Law Reform.

S.I. No. 1 of 2011

DISTRICT COURT (INTOXICATING LIQUOR) RULES 2011

1. (1) These Rules, which may be cited as the District Court (Intoxicating Liquor) Rules 2011, shall come into operation on the 9th day of February 2011.

(2) These Rules shall be construed together with the District Court Rules 1997 ( S.I. No. 93 of 1997 ) and all other District Court Rules.

(3) The District Court Rules as amended by these Rules may be cited as the District Court Rules 1997 to 2011.

2. The Form numbered 72.4 in Schedule C of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) shall be deleted and the Form bearing the like number 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.

SCHEDULE CO.72, r.1 (5)

SCHEDULE 1No. 72.4

INTOXICATING LIQUOR ACT 1927, Section 4

INTOXICATING LIQUOR ACT 1960, Section 10

INTOXICATING LIQUOR ACT 1962, Section 15

INTOXICATING LIQUOR ACT 2008, Section 5

GENERAL EXEMPTION ORDER IN RESPECT OF PREMISES SITUATE IN THE VICINITY OF A PLACE AT WHICH A CONSIDERABLE NUMBER OF PERSONS ARE FOLLOWING A LAWFUL TRADE OR CALLING

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,

which said premises are situated in the vicinity of a place at which a considerable number of persons are following the lawful trade or calling of .

this GENERAL EXEMPTION ORDER exempting the Applicant from the provisions of the Intoxicating Liquor Act 1927 relating to prohibited hours in respect of the said premises on every weekday between the hours of .............. and ......................................, subject to the following conditions and restrictions:-

1. This General Exemption Order shall continue in force and effect until the date of the next Annual Licensing Court for said court area or the sooner termination thereof by course of law.

2. The holder hereof shall during every period of said exemption supply on said premises food and non-alcoholic drink at reasonable prices to any person demanding the same.

3. The holder hereof is hereby required during every period of exemption to keep affixed on the outside of the said premises a notice in legible letters in the form in the Schedule hereto.

IT HAVING BEEN SHOWN TO THE SATISFACTION OF THE COURT

1. That a general exemption order was in force on 30 May 2008 in respect of said premises and

2. That due notice of the application for this order was served upon the officer in charge of the Garda Síochána for the licensing area, and, after hearing such officer,

3. That it is necessary and desirable to grant this Order for the accommodation of a considerable number of persons following the lawful trade or calling of .......................................................

Dated this .......... day of ............................................ 20......

Signed..

Judge of the District Court

SCHEDULE

NOTICE

LICENSING ACTS 1833 TO 2008

A General Exemption Order has been granted to the holder of the on-licence in respect of these premises exempting the said holder from the provisions of the above Acts relating to prohibited hours on every week-day between the hours of .................. and ......................... for the accommodation of a considerable number of persons following the lawful trade or calling of .......................................................... in the vicinity of these premises.

The licence holder is bound during every period of exemption to supply on these premises food and non-alcoholic drink at reasonable prices to any person demanding the same.

EXPLANATORY NOTE

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

These rules substitute Form No. 72.4 in Schedule C of the District Court Rules.