Court Rules

Details

 

Order 72 - General exemption orders : S.I. No. 174 of 2009

The below amendment(s) have been made to this instrument which can be viewed by clicking on the link(s):

No72-S.I. No. 566 Of 2018: District Court (Intoxicating Liquor) Rules 2018


Venue

1. (1) An application for a general exemption order pursuant to section 4 of the Intoxicating Liquor Act 1927, as amended by section 10 of the Intoxicating Liquor Act 1960, section 15 of the Intoxicating Liquor Act 1962 and section 5 of the Intoxicating Liquor Act 2008, may be made at a sitting of the Court for the court area in which the premises for which the order is sought are situate. The application shall be made at the Annual Licensing Court.

 

Form of notice

(2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 72.1 or 72.2, Schedule C, as the case may be) signed by the applicant or solicitor for the applicant.

 

Service of notice

(3) Such notice shall be served upon the officer in charge of the Garda Síochána for the area in which the premises to which the application relates are situate at least seven days before the date of hearing of the application.

 

Lodgment of notice

(4) When service has been effected the original of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

 

Order of Court

(5) Where the application is granted the Order shall be in accordance with Form 72.3 or 72.4, Schedule C, as the case may be.

 

In force to Annual Licensing Court

*(6) Every such order shall, unless withdrawn in pursuance of subsection (6) of section 4 of the Intoxicating Liquor Act 1927, or expressed to expire sooner, remain in force until the next Annual Licensing Court for the court area in which the premises are situate.

 

Prohibited premises and days

†2. A general exemption order shall not be granted in respect of premises unless a general exemption order was in force in respect of the premises on 30 May 2008, or for any time on any Sunday, St. Patrick's Day, Christmas Day or Good Friday.


*Intoxicating Liquor Act 1960 [Sec. 10].

†Intoxicating Liquor Act 1927 (Sec. 4(7) as amended by Intoxicating Liquor Act 2008 [Sec. 5]).