District Court Rules

ORDER 79

CERTIFICATES OF TRANSFER

Venue

1. (1) An application for a certificate of transfer of an on-licence or an off-licence for the sale of intoxicating liquor shall be made at the Annual Licensing Court for the court area in which the premises to which the application relates are situate.

Service of notice

(2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the licensing area within which the premises are situated at least 21 days before the date of the Annual Licensing Court.

Newspaper notice

(3) The applicant shall also cause notice of the intended application to be published at least 21 days before the date of such Annual Licensing Court in a newspaper circulating in the district in which is situate the premises to which such application relates.

Lodgment of notice etc.

(4) A copy of the notice of the application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk for retention by him or her, at least seven days before the date of such Annual Licensing Court.

Applicant to attend in person

2. The applicant shall attend in person (unless the court is satisfied that there is good reason for his or her non-attendance) at the Annual Licensing Court and present himself or herself for examination as to his or her general character, possession of the premises, and any other questions which the court may think fit to put to the said applicant.

3. The applicant shall produce in court any document upon which he or she grounds the application.

Grant of certificate subject to production of documents

4. Where the applicant has not at the time obtained or is for any other reason unable to produce any document upon which he or she relies, the court may grant such application subject to the subsequent production of such document. The appropriate certificate shall not be given to such applicant until such document is produced.

Order of court

5. Where the application is granted the certificate shall be in accordance with Form 79.1, Schedule C.

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