S.I. No. 145/1988 -- District Court (Renewal of Intoxicating Liquor Licences) Rules, 1988.
1988
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S.I. No. 145/1988:
DISTRICT COURT (RENEWAL OF INTOXICATING LIQUOR LICENCES) RULES, 1988.
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DISTRICT COURT (RENEWAL OF INTOXICATING LIQUOR LICENCES) RULES, 1988.
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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 17 of the Interpretation Act, 1937 (as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ), and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the
concurrence of the Minister for Justice, make the following Rules of Court:--
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1. These Rules may be cited as the District Court (renewal of Intoxicating Liquor Licences) Rules, 1988.
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2. These Rules shall come into operation on the 13th day of July, 1988 and shall be read together with all other District Court Rules for the time being in force.
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3. In these Rules--
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"the Act" means the Courts (No. 2) Act, 1986 (No. 26 of 1986);
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"Form" means a form set out in the Schedule hereto, or such modification thereof as may be appropriate;
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"the Principal Rules" means the District Court Rules, 1948 (S.R. & O. 1947, No. 431).
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4. Notwithstanding the provisions in the Principal Rules relating to the renewal of on-licences and off-licences for the sale of intoxicating liquor, on and from the date of the coming into operation of section 4 of the Act the following provisions shall have effect.
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OBJECTIONS TO RENEWAL OF LICENCES
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5. (1) An objection to the renewal of an on-licence for the sale of intoxicating liquor, or to the renewal of a licence to sell spirits or beer in retail quantities for consumption off the premises, or to the renewal of a wholesale beer dealer's licence, shall be made at the Annual Licensing District Court for the court area wherein the premises to which the objection relates are situate.
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(2) Such objection shall be preceded by the issue and service of a notice in the Form 1 signed by the objector or his solicitor. The notice shall be served on the holder of the licence attached to the said premises at least 21 days, or where the objection is made by a fire authority at least 7 days, prior to the date of such Annual Licensing District Court. The original of the notice, together with a statutory declaration as to service thereof, shall be lodged with the District Court Clerk at least 10 days, or where the objection is made by a fire authority at least 4 days, prior to the date of such Annual Licensing District Court.
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(3) The District Court Clerk shall forthwith send notification of the lodgment of such notice of objection (in the Form 2) to the Collector of Customs and Excise for the district in which the premises are situate and, where the objector is not a member of the Garda Síochána, the Clerk shall also send notification to the Superintendent of the Garda Síochána for the area.
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(4) The order of the Court on hearing the objection shall be in the Form 3. Where the Court allows the objection and no notice of appeal against such order is lodged with the Clerk within 14 days from the date of such order the Clerk shall send to the Collector of Customs and Excise a certified copy of the order of the Court.
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(5) Where the Court disallows the objection and no notice of appeal against such order is lodged with the Clerk within 14 days from the date of such order the Clerk shall forthwith send to the Collector of Customs and Excise a certificate for the renewal of the licence in the Form 4.
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(6) Where notice of an appeal against an order of the Court to which these Rules relate is at any time lodged with the Clerk he shall forthwith send notice to this effect to the Collector of Customs and Excise.
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(7) Documents which are required by these Rules to be sent to the Collector of Customs and Excise may be sent by registered post.
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FORMS OF RENEWAL CERTIFICATE
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6. The certificate to be issued for the renewal of a six-day licence or an early closing licence shall be in the Form 4. Where a certificate for renewal is granted pursuant to section 30 (1) (b) of the Intoxicating Liquor Act, 1960 such certificate shall be in the Form 5.
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SCHEDULE
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| Rule 5 (2) |
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Form 1 |
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COURTS (No. 2) ACT, 1986 .
section 4
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NOTICE OF OBJECTION TO RENEWAL OF INTOXICATING
LIQUOR LICENCE
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| District Court Area of |
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District No. |
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........................... Objector |
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TAKE NOTICE that the above-named objector, of ............................................................ ......................
............................................................ ............................................................ ............................................
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| will object at the sitting of the District Court |
| at ............................................................ ............................................................ ........................................ |
| on the |
day of |
19 , at a.m./p.m. |
| to the RENEWAL of the * |
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licence attached |
| to the premises situate at ............................................................ ............................................................ ... |
| in court area and district aforesaid on the following grounds:-- |
| Dated this |
day of |
19 |
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Signed ....................................................
Objector/Solicitor for Objector.
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| To |
| of |
| (the holder of the licence attached to the above premises). |
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*Describe nature of licence.
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| Rule 5 (3) |
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Form 2 |
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COURTS (No. 2) ACT, 1986
section 4
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| NOTIFICATION OF THE LODGMENT OF A NOTICE OF OBJECTION TO THE RENEWAL OF AN INTOXICATING LIQUOR LICENCE |
| District Court Area of |
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District No. |
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YOU ARE HEREBY NOTIFIED that ............................................................ ....................................
of ............................................................ ............................................................ .................................
............................................................ ............................................................ .............................................
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| has lodged a notice of objection to the RENEWAL of the * |
| licence attached to the premises situate at ............................................................ ........................... |
| ............................................................ ........................................... in the court area and district aforesaid. |
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The holder of the licence attached to the said premises is............................................................ .
............................................................ ............................................................ ......................................
of ............................................................ ............................................................ ................................
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and the objection has been listed for (hearing at) the sitting of the District
Court at ............................................................ ............................................................ .......................
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| on the |
day of |
19 , at a.m./p.m. |
| Dated this |
day of |
19 , |
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Signed............................................................ ..............
Clerk of the District Court
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| To the Collector of Customs and Excise, |
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at ............................................................ ............................................................ ..................................
(and)
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| (to the Superintendent of the Garda Síochána, |
| at ............................................................ ............................................................ ................................ ) |
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* Describe the nature of licence.
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| Rule 5 (4) |
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Form 3 |
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ORDER ON HEARING OBJECTION TO RENEWAL OF
INTOXICATING LIQUOR LICENCE
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| District Court Area of |
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District No. |
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................................. Objector |
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................................... Licence Holder |
| UPON THE HEARING by the Court on the day of |
| 19 , of an objection made by the above-named objector, of .......................................................... |
| ............................................................ ....... to the renewal by the Collector of Customs and Excise |
| of the * |
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licence attached to the |
| premises situate at ............................................................ ............................................................ ....... |
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in court area and district aforesaid, the licence holder
of which is ............................................................ ............................................................ .....................
of ............................................................ ............................................................ ....................................
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| THE COURT ORDERED that the said objection be ±allowed/± disallowed. |
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Signed: .....................................................
Justice of the District Court
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*Describe nature of licence.
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± Delete whichever inapplicable.
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| Rule 5 (5) |
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Form 4 |
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LICENSING ACTS, 1833 TO 1986
Courts (No. 2) Act, 1986
section 4
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CERTIFICATE FOR RENEWAL OF INTOXICATING LIQUOR
LICENCE
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| District Court Area of |
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District No. |
| THE COURT HEREBY GRANTS TO ............................................................ ............................. |
| of ............................................................ ............................................................ ............................ |
| the holder of a * |
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licence attached |
| to the premises ............................................................ ............................................................ .... |
| situate at ............................................................ ............................................................ ................ |
| in court area and district aforesaid, |
| THIS CERTIFICATE certifying to the good character of the said licence holder and to the peaceable and orderly manner in which the said licensed premises were conducted in the past year, |
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| (Add the following recital where the premises are in a holiday camp) |
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| and to the orderly manner in which the holiday camp (within the meaning of Chapter 111 of Part VI of the Tourist Traffic Act, 1952 ) in which the said premises are situate was conducted in the past year, |
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| (Add the following conditions where the certificate is for the renewal of a six-day licence) |
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| It shall be a condition of this certificate that the said licence holder shall keep the said licensed premises closed during the whole of Sunday. |
| (Add the following condition where the certificate is for the renewal of an early closing licence) |
| It shall be a condition of this certificate that the said licence holder shall close the said licensed premises one hour earlier at night than that at which such premises would otherwise have to be closed. |
| Dated this |
day of |
19 , |
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Signed ............................................................ ....................
Justice of the District Court
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* Describe nature of licence.
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| Rule 6 |
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Form 5 |
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INTOXICATING LIQUOR ACT, 1960
section 30 (1) (b)
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Courts (No. 2) ACT, 1986
section 4
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CERTIFICATE FOR RENEWAL OF INTOXICATING LIQUOR
LICENCE
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| District Court Area of |
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District No. |
| UPON HEARING AN APPLICATION made by ............................................................ .......... |
| of ............................................................ ............................................................ ......................... |
| for a certificate for the renewal of the * ............................................................ ...................... |
| licence ............................................................ ............................................................ ................. |
| in respect of the premises ............................................................ ............................................... |
| situate at ............................................................ ............................................................ ................ |
| in court area and district aforesaid, |
| THE COURT HEREBY GRANTS to the applicant this certificate certifying to the good character of the said applicant ±(and to the peaceable and orderly manner in which the said premises were conducted in the past year). |
| Dated this |
day of |
19 , |
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Signed ............................................................ ......
Justice of the District Court
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* Describe nature of licence.
±Delete this recital where no business has been conducted in the premises at any time during the past year
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GIVEN this 27th day of May, 1988.
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OLIVER A. MACKLIN,
Chairman
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JOHN P. CLIFFORD,
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P.J. BRENNAN,
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JOHN GARAVAN,
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GERARD GRIFFIN.
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I concur in the making of the foregoing Rules.
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Dated this 27th day of June, 1988.
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GERARD COLLINS,
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Minister for Justice.
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EXPLANATORY NOTE.
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These Rules prescribe the procedure to be followed and the forms to be used in relation to objections made in the District Court to the renewal of intoxicating liquor licences on and from the date of the coming into operation of section 4 of the Courts (No. 2) Act, 1986 , which section provides, inter alia, for the granting of renewals of certain intoxicating liquor licences by an officer of the Revenue Commissioners without the necessity of producing a certificate of the District Court. The Rules also prescribe forms of renewal certificate to be used in certain specified cases.
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