District Court Rules

ORDER 66

GAMING AND LOTTERIES

Definition

1. In this Order:

the “1956 Act” means the Gaming and Lotteries Act, 1956 (No 2 of 1956);

the “2019 Act” means the Gaming and Lotteries (Amendment) Act, 2019 (No 44 of 2019).

[SI 63/21]

Venue — Certificate for Gaming Licence

2.(1) An application for the grant of a certificate authorising the issue of a licence permitting gaming at an amusement hall or funfair pursuant to section 15(1) of the 1956 Act may be made at any sitting of the Court for the court area in which the premises sought to be licensed are situate.

Form of Notice

(2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 66.1, Schedule C) signed by the applicant or solicitor for the applicant.

Service of notice

(3) Such notice shall be served upon the Superintendent of the Garda Síochána for the locality and upon the Local Authority within whose administrative area the premises are situate at least 28 days before the date of hearing of the application.

Newspaper notice

(4) The applicant shall also cause a notice of the intended application to be published at least 14 days before such date of hearing in a newspaper circulating in the locality.

(5) The provisions of section 24 of the Fire Services Act, 1981 shall apply to such application.

Lodgment of notice, etc.

(6) The original of the notice of application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk at least seven days before the date of hearing.

Order of Court

(7) Where the application is granted the certificate shall be in accordance with Form 66.2, Schedule C.

[SI 63/21]

Venue — Application for Lottery Licence

3.(1) An application for the grant of a licence for the promotion of a lottery pursuant to section 28 of the 1956 Act (as substituted by section 12 of the 2019 Act) may be made at any sitting of the Court for the court area in which it is proposed to promote lotteries to which the application relates.

Form of notice

(2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 66.3, Schedule C) signed by the applicant or solicitor for the applicant.

Service and lodgment of notice

(3) Such notice shall be served upon the Superintendent of the Garda Síochána for the district in which the lottery is to be organised at least 28 days before the date of hearing of the application. When service has been effected, the original of the notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days before the said date of hearing.

Order of Court

(4) Where the application is granted the licence shall be in accordance with Form 66.4, Schedule C.

[SI 63/21]

Venue - Appeal against refusal to grant gaming permit

4.(1) An appeal pursuant to section 9A(18) of the 1956 Act (as inserted by section 4 of the 2019 Act) against the refusal of a Superintendent of the Garda Síochána to grant a gaming permit may be brought at any sitting of the Court for the court area in which the premises to which the application relates is situated.

Venue - Appeal against refusal to grant lottery permit

(2) An appeal pursuant to section 27B(17) of the 1956 Act (as inserted by section 11 of the 2019 Act) from the refusal of a Superintendent of the Garda Síochána to grant a lottery permit may be brought at any sitting of the Court for the court area in which the lottery is to be held.

Notice of appeal

(3) An appeal under sub-rule (1) or sub-rule (2) shall be preceded by the issue and service of a notice in the appropriate form (Form 66.5, Schedule C) signed by the appellant or solicitor for the appellant.

Service and lodgment of notice

(4) Such notice shall be served upon the Superintendent of the Garda Síochána concerned at least seven days before the date of the sitting of the Court at which the appeal is to be heard. When service has been effected the original of the notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of the said sitting.

(5) The Superintendent shall lodge with the Clerk at least 48 hours before the sitting a copy of the application for the permit and a copy of the decision from which the appeal is being brought.

Order of Court

(6) The order of the Court hearing the appeal shall be in accordance with Form 66.6, Schedule C.

[SI 63/21]

Application for search warrant

— venue

5.(1) An application for the issue of a search warrant under section 39 of the 1956 Act may be made at any sitting of the Court for the court district wherein the place or premises in respect of which the warrant is sought is situated.

— by sworn information

(2) Such application shall be made by the information on oath and in writing (in the Form 66.7, Schedule C) of a member of the Garda Síochána not below the rank of Inspector.

Form of warrant

(3) Where the Court grants the application, a search warrant issued on foot of such information shall be in the Form 66.8, Schedule C.

[SI 63/21]

Application for an order that a licence or permit be revoked or suspended

6.(1) Where possible, an application for an order under section 46 of the 1956 Act (as substituted by section 19 of the 2019 Act) that a lottery licence, lottery permit, gaming licence or gaming permit be revoked or suspended may be made orally to the Court when the Court has determined the criminal proceedings concerned, without the necessity for the issue of a further notice of application, provided that the Court is satisfied that the person to whom the application relates would not thereby be prejudiced.

(2) In any other case, such an application shall be in the Form 40C.01, Schedule C, with any necessary modifications, to which shall be attached a copy of the order of conviction, and shall be served by personal service or by prepaid registered post on the respondent.

(3) If served personally, the notice shall be served at least seven days before the date of the sitting of the Court to which it is returnable; if served by prepaid registered post, the notice must be served at least 14 days before the date of the sitting of the Court to which it is returnable.

[SI 63/21]

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