District Court Rules

ORDER 70

OBJECTIONS TO THE FIRST GRANT OF WINE RETAILERS’ ON-LICENCES

Venue

1. An objection by a member of the Garda Síochána (not below the rank of Inspector) to the first grant by the Revenue Commissioners of a Wine Retailer’s On-Licence, pursuant to section 14 of the Refreshment Houses (Ireland) Act, 1860, may be made at any sitting of the court for the court area in which the premises sought to be licensed are situate.

Notice of objection

2. (1) Such objection shall be preceded by the issue and service of a summons in the Form 70.1, Schedule C upon the applicant for such licence at least seven days prior to the sitting of the court before which the objection has been listed for hearing.

Notice of objection — caveat to Collector of Customs and Excise

(2) Upon issuing the summons for service the Clerk shall send to the Collector of Customs and Excise a notice by way of caveat in the Form 70.2, Schedule C.

(3) When the summons has been served the original summons, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days prior to the date of the said sitting of the court.

Order of court

3. (1) The order of the court on hearing the objection shall be in the Form 70.3 or 70.4 Schedule C as appropriate. A certified copy of such order shall be sent by the Clerk to the Collector of Customs and Excise.

(2) Where a notice of appeal against such an order is lodged with the Clerk he or she shall orthwith send notice to that effect to the Collector of Customs and Excise.

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