District Court Rules

INTOXICATING LIQUOR

ORDER 68

LICENSING ACTS, 1833 TO 2018

— CERTIFICATES FOR SPIRIT RETAILERS’ LICENCES, BEER RETAILERS’ LICENCES, WINE RETAILERS’ LICENCES, WHOLESALE BEER LICENCES, PRODUCER’S RETAIL LICENCES;
— DECLARATIONS OF FITNESS UNDER SECTION 15 OF THE INTOXICATING LIQUOR ACT, 1960

Venue — Off-licence applications

1. (1) An application for the grant of a certificate entitling the applicant to receive an excise licence for the sale of intoxicating liquor for consumption off the premises or for a declaration as to the fitness and convenience of proposed licensed premises may be made at any sitting of the Court for the court area in which the premises or proposed premises for which the certificate or declaration is sought are situate.

Forms of notice

(2) Every such application shall be preceded by the issue and service of a notice in one of the Forms 68.1 to 68.5A, Schedule C (68.1, 68.2, 68.3, 68.4, 68.5, 68.5A), 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 Superintendent of the Garda Síochána within whose district the premises or proposed premises are situate at least 21 days before the date of hearing of the application.

Newspaper notice for spirit, beer or wine retailer’s or producer’s application

(4) Where the application is for the grant of a certificate entitling the applicant to receive a spirit retailer’s licence, a beer retailer’s licence, a wine retailer’s licence or a producer’s retail licence, the applicant shall, at least 21 days before the date of the hearing of the application, cause a notice of the intended application to be published in a newspaper circulating in the place in which the premises concerned are situate.

Newspaper notice of application for declaration

(5) Where the application is for a declaration that the premises would be fit and convenient to be licensed the applicant shall cause a notice of the intended application to be published at least 21 days before the date of the hearing of the application in a newspaper circulating in the place in which the premises concerned are situate.

Lodgment of notice, newspaper, etc.

(6) When service of the notice of application has been effected, the original of the notice, together with a statutory declaration as to service thereof, a copy of the newspaper (where required) and a plan of the premises shall be lodged with the Clerk at least ten days before the date of hearing of the application.

Order of Court

(7) Where the application is granted, the certificate or declaration shall be in accordance with one of the Forms 68.6 to 68.11, Schedule C (68.6, 68.7, 68.8, 68.9, 68.10, 68.11), as the case may be.

[SI 566/18]

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