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Exemption from closing in respect of markets, fairs, and certain trades.
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11. In the police district of Dublin metropolis, the chief commissioner or the assistant commissioner of police, and in any petty sessions district two or more justices of the peace in petty sessions, upon its being proved to his or their satisfaction that it is necessary or desirable so to do for the accommodation of any considerable number of persons attending any public market or fair, or following any lawful trade or calling, may, on payment of a fee of two shillings and sixpence, grant (if he or they so think fit) to any licensed person, in respect of premises in the vicinity of such market or fair, or of the place where the persons follow such lawful trade or calling, an order, in this Act termed an “exemption order,” exempting such person from the provisions of this Act with respect to the closing of his said premises on such days, and during such time (except between the hours of one and two of the clock in the morning), and upon such terms as may be specified in such order.
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In the police district of Dublin metropolis, such chief or assistant commissioner granting an exemption order shall forthwith send the particulars of such order to the divisional justices and such commissioner shall cause an entry of the particulars of such exemption order to be made in the register of licenses; and elsewhere than in the police district of Dublin metropolis, the justices granting an exemption order shall cause the particulars thereof to be forthwith entered by the clerk of petty sessions in the register of licenses.
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The holder of an exemption order shall not be liable to any penalty for not closing his premises on such days and during such times as may be specified in such order; but he shall not be exempt from any other penalty under the principal Act, or this or any other Act, or otherwise.
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A notice, in such form as may be prescribed by such commissioner or justices respectively, stating the days and hours during which the premises are permitted to be open under such exemption order, shall be and be kept affixed in a conspicuous position outside the premises; and if the holder of the exemption order makes default in affixing or keeping affixed such notice in manner aforesaid during the time or any part of the time for which his exemption is granted, he shall be liable to a penalty not exceeding five pounds.
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Any such commissioner or justices aforesaid may at any time (if it seem fit to him or them) withdraw an exemption order under this section, or alter the same by way of extension or restriction, as he or they may deem fit, but not so as to render any person liable to any penalty for anything done under such order before the holder was informed of such withdrawal or alteration.
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