District Court Rules

ORDER 69

RESTAURANT CERTIFICATES AND DECLARATIONS AS TO SUITABILITY OF PREMISES

Definitions

1. In this Order—

‘the Act of 1927’ means the Intoxicating Liquor Act, 1927 (No 15 of 1927);

‘the Act of 1943’ means the Intoxicating Liquor Act, 1943 (No 7 of 1943);

‘the Act of 1960’ means the Intoxicating Liquor Act, 1960 (No 18 of 1960);

‘the Act of 1988’ means the Intoxicating Liquor Act, 1988 (No 16 of 1988).

Venue for applications

2. (1) An application for the grant of —

(a) a restaurant certificate, pursuant to section 12(1) of the Act of 1927,

(b) a restaurant certificate, made by the holder of a wine retailer’s on-licence pursuant to section 12(1A) of the Act of 1927 (as inserted by section 8 of the Act of 1943),

(c) a restaurant certificate, pursuant to section 12(1) of the Act of 1927 as applied by section 12(1B) of the said Act (as inserted by section 48 of the Act of 1988),

(d) a limited restaurant certificate, pursuant to section 12A of the Act of 1927 (as inserted by section 9 of the Act of 1960), or

(e) a declaration as to suitability of licensed premises for a restaurant certificate or limited restaurant certificate, pursuant to section 16 of the Act of 1960, may be made at any sitting of the court for the court area in which the 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 69.1 to 69.5, Schedule C (69.1, 69.2, 69.3, 69.4, 69.5), 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 licensing area at least 10 days before the date of hearing of the application and, where the application is for a declaration as to suitability of licensed premises for a restaurant certificate or limited restaurant certificate, the applicant shall also cause a copy of the plan of the premises to be deposited with the said officer.

Lodgment of notice and map

(4) When service of the notice of application has been effected, the original of such notice, together with a map or plan of the premises, shall be lodged with the Clerk at least four days before the date of hearing of the application.

Order of court

(5) Where the application is granted the certificate or declaration shall be in accordance with one of the Forms 69.6 to 69.10, Schedule C (69.6, 69.7, 69.8, 69.9, 69.10), as the case may be.

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