It is important to put the correct date on your application. For example, if it reaches 12:00am (midnight) on a Thursday, the Friday date will apply.
Some District Court judges do not require the proofs below at 7, 8, and 9 to be produced each time an special exemption order is applied for during the licensing year.
- What does this application do
- How much does this application cost
- How to apply
- What supporting documents or "proofs" are required
What does this application do
This application allows a licence holder to serve alcohol and extend opening hours of its premises after normal closing hours. Usually late bars and nightclubs apply for this.
Only the holder of an on-licence can apply for a special exemption order (SEO). The holder of a special restaurant licence cannot apply for a SEO.
The majority of SEOs are applied for on the basis of the applicant having a public dancing licence and holding a “dance” under that licence. Where the SEO is for a special event that is a dance, there is no need to serve a substantial meal.
It should be stated on the application that the premises either has a public dancing licence or that it is a special event at which a substantial meal will be served.
An SEO will normally expire at 2.30am, or at 1am on a Sunday (except where the Monday is a bank holiday, in which case it can be granted up to 2.30am). However, the court may grant the order for a shorter period if it is more appropriate to do so, for example to maintain public order.
If an area exemption is in place (only outside Dublin) you do not need a special exemption order for the dates that are covered under the area exemption.
How much does this application cost
There is a fee of €205 per application.
How to apply
1. Complete your application
If you are a legal practitioner and have an account in CSOL, complete the application in CSOL. Alternatively, you can complete FORM manually.
2. Serve the notice parties
Notify or serve the relevant notice parties for the application. Please see our serving and proof of service page for more information.
For this application, An Garda Síochána must be notified at least forty eight hours prior to the court date.
3. Submit your application
Submit the application. The application must be lodged at least forty eight hours prior to the court date.
4. Provide proofs to the court office
Provide the required supporting documentation or "proofs" to the court office. This must be done manually, there is currently no possibility to upload the proofs listed below via CSOL.
What proofs are required
- Original notice of application with relevant stamp duty. The application should include details of:
- the applicant’s name and address of the premises
- the licence attached to the premises
- the special occasion
- hours for which the order is sought
- whether the premises has a dance licence
- Statutory declaration of service (Not required where the application is served through CSOL).
- Evidence that the event meets the definition of a special occasion or confirmation that the premises has a public dancing licence if the event is a dance.
- Evidence that a substantial meal is being served if the event is a private function or organised for a particular association, organisation or group.
- Evidence from of An Garda Síochána. There is a statutory obligation to hear from “the officer in charge of An Garda Síochána for the licensing area”.
- Confirmation that the local authority has not adopted a resolution in relation to the expiry time of SEOs. If the local authority has adopted such a resolution, the court must have regard to it.
- Evidence that the premises has CCTV or that CCTV will be installed*. This evidence can be given by the applicant or by an architect or fire consultant.
- Evidence that the premises comply with the fire safety standards under the Building Control Act 1990*. This evidence should be given by a suitably qualified architect or fire safety consultant.
- Evidence that any door supervisors at the event are licensed under the Private Service Services Act 2014*. A copy of the PSA licence(s) should be produced. Where a security company is engaged and different door supervisors may be assigned to each event, a copy of the company’s licence should be produced along with confirmation that all its door supervisors are will also be licensed.
- There is no objection that the special occasion will be conducted in a manner that will:
- cause undue inconvenience or nuisance to residents in the locality
- create an undue threat to public order or public safety in the locality.
There is a practice in the Dublin Metropolitan District, and in some other districts, that the proofs at 7, 8 and 9 above are produced once a year at the Annual Licensing Court as part of the application for the renewal of the public dancing licence.
An applicant for a SEO that has produced this documentation at the Annual Licensing Court is not required to produce it again each time it applies for an SEO during that licensing year. If the document has not been provided at the Annual Licensing Court, it should be produced at the first application for an SEO.
