No. 2/1935:

PUBLIC DANCE HALLS ACT, 1935

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Application for and grant of public dancing licences.

3 Publication of notice of application for public dancing licence.

4 Insertion of conditions and restrictions in public dancing licences.

5 Operation of public dancing licence.

6 Duration of public dancing licence.

7 Surrender of public dancing licence.

8 Non-transferability of public dancing licence.

9 Appeals in respect of applications for public dancing licences.

10 Use of unlicensed place for public dancing.

11 Contravention of public dancing licence.

12 Inscription of notice of licence on licensed place.

13 Powers of Gárda Síochána.

14 Cesser of application of section 51 of the Public Health Acts Amendment Act, 1890.

15 Military and Gárda Síochána recreation rooms.

16 Short title.

AN ACT TO MAKE PROVISION FOR THE LICENSING, CONTROL, AND SUPERVISION OF PLACES USED FOR PUBLIC DANCING, AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[19th February, 1935.]

BE IT ENACTED, BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

1.—In this Act—

the word "place" means a building (including part of a building), yard, garden, or other enclosed place, whether roofed or not roofed and whether the enclosure and the roofing (if any) are permanent or temporary;

the expression "public dancing" means dancing which is open to the public and in which persons present are entitled to participate actively;

the expression "licensing area" means a district court area prescribed by law for the purposes of the transaction of licensing business;

the expression "annual licensing district court" means the sitting of the District Court held pursuant to rules of court in a licensing area for the hearing of applications for certificates for renewals of licences for the sale of intoxicating liquor.

2.—(1) Subject to the provisions of this Act, any person may apply to the Justice of the District Court exercising jurisdiction in any licensing area for a licence (in this Act referred to as a public dancing licence) to use a particular place, whether licensed or not licensed for the sale of intoxicating liquor, situate in such licensing area for public dancing, and such Justice may, if he so thinks proper, grant such licence to such person.

(2) In considering an application under this section for a public dancing licence, a Justice of the District Court shall, in addition to any other matter which may appear to him to be relevant, have regard to the following matters, that is to say:—

( a ) the character and the financial and other circumstances of the applicant for such licence;

( b ) the suitability of the place to which such application relates;

( c ) the facilities for public dancing existing in the neighbourhood of such place at the time of such application;

( d ) the accommodation for the parking of vehicles in the neighbourhood of such place;

( e ) the probable age of the persons who would be likely to make use of such place for public dancing;

( f ) whether the situation of such place is or is not such as to render difficult the supervision by the Gárda Síochána of the management of and proceedings in such place;

( g ) the hours during which the applicant proposes that public dancing should be permitted in such place.

(3) On the hearing of an application under this section for a public dancing licence, any member of the Gárda Síochána and any person who appears to the Justice hearing such application to be interested therein may appear and be heard in opposition to such application and may adduce evidence in support of such opposition.

(4) Every application under this Act for a public dancing licence (except an application for a public dancing, licence in respect of a place for which no such licence is in existence at the time of such application and an application for a public dancing licence for a defined period not exceeding one month and an application which is authorised by this Act to be made at any time) shall be made at an annual licensing district court and at no other time.

3.—(1) No application to the District Court for the grant of a public dancing licence (other than a public dancing licence for a defined period not exceeding one month) shall be made or entertained unless the person making such application has, at least one month before the hearing of such application, published a notice of his intention to make such application in a newspaper circulating in the district in which is situate the place to which such application relates.

(2) Every person applying to the District Court for the grant of a public dancing licence shall—

( a ) in the case of an application for a public dancing licence for a defined period not exceeding one month, give to the Superintendent of the Gárda Síochána within whose district is situate the place to which such application relates at least forty-eight hours' notice in writing of such application, and

( b ) in every other case, give at least one month's notice in writing of such application to the Superintendent of the Gárda Síochána within whose district, and to the local authority within whose functional area, is situate the place to which such application relates.

4.—A Justice of the District Court granting a public dancing licence may insert therein such conditions and restrictions as he shall think proper, and in particular (without prejudice to the generality of the foregoing power) may insert in such licence conditions limiting the days on which and the hours during which the place to which such licence relates may be used for public dancing.

5.—(1) Every public dancing licence shall operate to authorise the licensee thereunder and (save as is otherwise provided by this section) no other person to use the place specified in such licence, so long as such licence continues in force, for public dancing subject to the provisions of this Act and to the conditions and restrictions contained in such licence.

(2) Where the licensee under a public dancing licence dies while such licence is in force, the personal representative of such deceased licensee shall, until the happening of whichever of the following events first happens, that is to say, the expiration, revocation, or surrender of such licence or the expiration of three mouths from the death of such deceased person, be deemed for all purposes to be the licensee under such licence and shall accordingly have all the rights, powers, and duties of such licensee under or in respect of such licence.

6.—(1) A public dancing licence may be granted for a defined period specified therein not exceeding one month and when so granted shall, unless revoked, or surrendered under this Act, be in force for the said defined period and no longer.

(2) Save as is otherwise provided by the foregoing sub-section of this section, every public dancing licence granted under this Act shall come into force immediately upon the grant thereof and, unless sooner revoked or surrendered under this Act, shall continue in force until the conclusion of the annual licensing district court held in the same licensing area next after the annual licensing district court or other sitting at which such licence was granted.

7.—The licensee under a public dancing licence may at any time surrender such licence by notice in writing sent or delivered, together with such licence, to the district court clerk for the licensing area in which the place to which such licence relates is situate.

8.—(1) A public dancing licence shall not be transferable from the licensee thereunder to another person.

(2) Where a public dancing licence (in this section referred to as the existing licence) is in force in respect of any place, an application may, with the consent of the licensee under the existing licence, be made under this Act at any time for a public dancing licence in respect of the said place to another person, and if such licence is granted the grant thereof shall operate as a revocation of the existing licence.

9.—(1) In addition and without prejudice to any right of appeal for the time being existing under any other Act, an appeal shall, lie to the Circuit Court—

( a ) by the applicant for a public dancing licence from an order of the District Court refusing to grant such application, and

( b ) by the applicant for a public dancing licence from so much of an order of the District Court granting such licence as requires the insertion in such licence of particular conditions or restrictions, and

( c ) by any person who appeared at and was heard in opposition to an application for a public dancing licence, from an order or any particular part of an order of the District Court granting such licence.

(2) The jurisdiction of the Circuit Court to hear an appeal under this section shall be exercised by the Judge of that Court having jurisdiction in the circuit in which was situate the courthouse in which the order appealed from was made.

10.—(1) No place, whether licensed or not licensed for the sale of intoxicating liquor, shall be used for public dancing unless a public dancing licence granted under this Act is in force in respect of such place.

(2) If any place is used for public dancing in contravention of this section, the occupier of such place shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds for every day or part of a day on or during which such place is so used.

11.—(1) Whenever any place in respect of which a public dancing licence is for the time being in force is used for public dancing by a person other than the licensee thereunder or is used for public dancing in contravention of or without due compliance with the conditions and restrictions contained in such licence, the licensee under such licence shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds for every day or part of a day on or during which such place is so used.

(2) Whenever any person is convicted of an offence under this section, the Justice of the District Court by whom such person is so convicted may, if he so thinks proper and either in addition to or in lieu of inflicting a fine, revoke the public dancing licence relating to the place in respect of which such offence was committed.

12.—(1) So long as a public dancing licence is in force, the licensee under such licence shall keep or cause to be kept affixed to or inscribed on the place to which such licence relates in a conspicuous position at or near the principal entrance to such place a notice in easily legible letters in the following words, that is to say, "Licensed under Act of the Oireachtas for public dancing."

(2) Whenever the, licensee under a public dancing licence fails to comply with the foregoing sub-section of this section, such licensee shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one pound for every day during which or any part of which such failure occurs.

13.—(1) Any member of the Gárda Síochána in uniform may enter any place in respect of which a public dancing licence is for the time being in force at any time while such place is being used for public dancing or at any other reasonable time and there make such inspection, examination, and inquiry as he shall think proper.

(2) Every person who shall prevent or attempt to prevent a member of the Gárda Síochána from exercising, or obstruct or attempt to obstruct any such member in the exercise of, a power vested in such member by virtue of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

14.—(1) Immediately upon the passing of this Act, section 51 of the Public Health Acts Amendment Act, 1890, shall cease to apply or have effect in relation to public dancing within the meaning of this Act.

(2) Every licence granted under the said section 51 of the Public Health Acts Amendment Act, 1890, which is in force at the passing of this Act and immediately before such passing had effect as a licence authorising the use of a place for public dancing within the meaning of this Act, shall, in so far as it so had such effect, be deemed as from the passing of this Act to be a public dancing licence granted under this Act and shall have effect under this Act and this Act shall apply thereto accordingly.

(3) Where a public entertainment consists mainly of public dancing as defined by this Act, but includes, as a subsidiary or incidental part thereof, exhibition dancing by special performers, dancing competitions, vocal or instrumental music (in addition to the music provided for the said public dancing), or any other similar entertainment, such public entertainment shall be public dancing to which this Act applies and shall not be a public entertainment to which the said section 51 of the Public Health Acts Amendment Act, 1890, applies.

15.—This Act shall not apply in relation to public dancing carried on in any recreation room managed or conducted under the authority of the Minister for Defence or of the Commissioner of the Gárda Síochána.

16.—This Act may be cited as the Public Dance Halls Act, 1935 .