District Court Rules

ORDER 75

EXEMPTIONS FOR UNLICENSED BUSINESS ON SUNDAY MORNINGS AND SAINT PATRICK’S DAY

Venue

1. (1) An application by the holder of a licence (not being a licence granted by virtue of paragraph (2) of section 2 of the Licensing (Ireland) Act, 1902) in respect of premises situate in any locality not in a county or other borough for an exemption order to open or keep open the premises for the purpose of carrying on any business other than the sale or supply of intoxicating liquor during any one period and not exceeding 45 minutes in duration on the mornings of Sundays and Saint Patrick’s Day, pursuant to section 17 of the Intoxicating Liquor Act, 1962, may be made at any sitting of the court for the court area in which the premises for which the order is sought are situate.

(2) Where the application is in respect of premises for which such an exemption order is in existence at the time of such application, the application shall be made at the Annual Licensing Court.

Service of notice

(3) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the locality to which the application relates at least 10 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 seven days before such hearing, in a newspaper circulating in the locality.

Lodgment of notice, etc.

(5) A copy 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 four days before the date of such hearing.

Order of court

(6) Where the application is granted the Order shall be in accordance with Form 75.1, Schedule C.

Revocation or amendment

2. (1) Where an application referred to in rule 1(1) or 1(2) of this Order has been granted, a subsequent application may be made to any sitting of the court for the court area wherein such application was granted to have the same revoked or amended.

Service of notice

(2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the locality to which the application relates at least 10 days before the date of hearing of the application.

Newspaper notice

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

Lodgment of notice, etc.

(4) A copy 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 four days before the date of such hearing.

Order of court

(5) Where the application is granted the Order shall be in accordance with Form 75.2, Schedule C.

Form of certificate to be given by Clerk

3. The certificate required to be given by the Clerk pursuant to section 25 of the Intoxicating Liquor Act, 1962 as substituted in the First Schedule of the Courts (No 2) Act, 1986, for the purpose of an application under rule 1 of this Order shall be in accordance with Form 73.3, Schedule C.

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