District Court Rules

ORDER 80

OBJECTIONS TO RENEWAL OF INTOXICATING LIQUOR LICENCES, FORMS OF RENEWAL CERTIFICATE AND RECORDING RENEWALS OF LICENCES

Definitions

1. In this Order—

‘the Act of 1986’ means the Courts (No 2) Act, 1986 (No 26 of 1986);

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

Venue

2. (1) Subject to the provisions of paragraph (2) of this rule, where an objection is made under section 4(6) of the Act of 1986 to the renewal of—

(a) an on-licence for the sale of intoxicating liquor,

(b) a special restaurant licence granted under Part II of the Act of 1988, or

(c) a licence or licences for the sale of spirits or beer in retail quantities for consumption off the premises where sold, it shall be made at the Annual Licensing Court for the court area wherein the premises to which the objection relates are situate.

(2) Where the objection is made to the renewal of a wholesale beer dealer’s licence or any other offlicence which, by virtue of section 49 of the Finance (1909-10) Act, 1910, expires on the thirtieth day of June each year, such objection may be made at the last sitting of the court for the transaction of summary business in the month of June for the court area wherein the premises to which the objection relates are situate, or at the first available sitting of the court thereafter.

Notice of objection

3. (1) Such objection shall be preceded by the issue and service of a notice in the Form 80.1, Schedule C, signed by the objector or solicitor for the objector.

(2) The notice shall be served upon the holder of the licence or licences attached to the premises to which the objection relates at least 21 days before the date of sitting of the said Annual Licensing Court or other sitting of the court before which the objection has been listed for hearing. When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk as soon as possible but not later than seven days before the date of the said sitting.

Clerk to notify Collector of Customs and Excise, etc.

4. Upon receipt of the notice of objection the Clerk shall forthwith notify (in the Form 80.2, Schedule C) the Collector of Customs and Excise for the district in which the said premises are situate accordingly and, where the objector is not a member of the Garda Síochána, the Clerk shall also notify the Superintendent of the Garda Síochána for the area.

Order of the court

5. (1) The order of the court on hearing the objection shall be in the Form 80.3, Schedule C.

Clerk — to send copy to Collector of Customs and Excise

(2) Where the court allows the objection and no notice of appeal against such order is lodged with the Clerk within the time prescribed in that behalf the Clerk shall send to the Collector of Customs and Excise a certified copy of the order of the court.

Clerk — to send a renewal certificate (or copy) to Collector

(3) Where the court disallows the objection and no notice of appeal against such order is lodged with the Clerk within the time prescribed in that behalf the Clerk shall forthwith send to the Collector of Customs and Excise a certificate for the renewal of the licence in the Form 80.4, Schedule C (or copy thereof).

Clerk — to notify Collector in cases of appeal

6. Where notice of an appeal against any order of the court to which this Order relates is at any time lodged with the Clerk, such Clerk shall forthwith send notice to this effect to the Collector of Customs and Excise.

Mode of service

7. Documents which are required by this Order to be sent to the Collector of Customs and Excise may be sent by registered post or, may be delivered to the office of the said Collector where appropriate.

Forms of renewal certificate

8. The certificate to be issued for the renewal of a six-day licence or an early closing licence shall be in the Form 80.4, Schedule C. Where a certificate for renewal is granted pursuant to section 30(1)(b) of the Intoxicating Liquor Act, 1960 such certificate shall be in the Form 77.5, Schedule C.

Recording renewals of licences

9. In every case in which a renewal of a licence within the meaning of section 4 of the Act of 1986 is granted and issued by an officer of the Revenue Commissioners and the Clerk receives from the Revenue Commissioners notice of the issue of such licence, such Clerk shall record the particulars thereof in the Register of Licences and retain the notice in his or her custody.

Applications for redress under the Intoxicating Liquor Act, 2003 (No 31 of 2003)

10. An application to the court for an order pursuant to subsection (2) or subsection (6) of section 19 of the Intoxicating Liquor Act, 2003 shall be made to the Judge for the time being assigned to the court for the court district in which the relevant licensed premises are situated. Such application shall be by notice of application in the Form 80.5, Schedule C and shall be served on the respondent by prepaid registered post not later than seven days before the date of the sitting for which the application is returnable. An order made pursuant to subsection (2) or subsection (6) of section 19 of the said Act of 2003 on such application shall be in the Form 80.6, Schedule C.

[SI 259/05]

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