District Court Rules

ORDER 83

REGISTRATION OF CLUBS AND GRANTING OF CLUB AUTHORISATIONS

Definitions

1. In this Order—

‘the Act’ means the Registration of Clubs (Ireland) Act, 1904 (4 Edw 7 Ch 9);

‘the Act of 1924’ means the Intoxicating Liquor (General) Act, 1924 (No 62 of 1924);

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

‘the Act of 1962’ means the Intoxicating Liquor Act, 1962 (No 21 of 1962);

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

‘the Act of 2000’ means the Equal Status Act, 2000 (No 8 of 2000);

[SI 161/06]

‘Determination Order’ means an Order made under subsection (6) or subsection (15) of section 8 of the Act of 2000;

[SI 161/06]

‘licensing year’ means a period of 12 months ending on 30 September in any year;

‘registered club’ means a club holding a certificate of registration in force at the time.

Registrar of Clubs

2. (1) For the purposes of the Act the Registrar of Clubs (otherwise referred to herein as the Registrar) shall be the Clerk for the court area wherein the club premises concerned are situated.

Registrar of Clubs — to keep a register

(2) Every such Registrar of Clubs shall keep a register in which shall be entered the name of each club situate within his or her court area to which a certificate of registration is granted under the provisions of the Act and, where appropriate, the further particulars required by the Act.

Application for certificate of registration

Lodgment with Registrar — Registrar to notify Garda Superintendent

3. (1) Where the secretary of a club desiring an original certificate of registration lodges with the Registrar, pursuant to subsection (1) of section 2 of the Act, the documents mentioned in that subsection, the Registrar shall forthwith give notice of such application to the Superintendent of the Garda Síochána in like manner as prescribed in rule 4(6) hereof in the case of an application for the renewal of such a certificate.

Registrar — to transmit file to County Registrar

(2) After the expiration of 10 days from the date of the said lodgment the Registrar shall transmit the documents to the appropriate County Registrar, together with any notice of objection to the grant of the certificate and any newspaper containing notice of the application, which were lodged with him or her.

When granted — to record particulars and issue certificate

(3) Upon the return of the file together with notification from the County Registrar of the granting of the application the Registrar shall enter in the register of clubs the particulars required by section 1(1) of the Act, and shall thereupon issue to the applicant a certificate of registration in the Form 83.4, Schedule C.

Renewal of certificates, Objections thereto

Renewal application to Registrar

4. (1) An application by the secretary of a club for a renewal of the certificate of registration shall be in the Form 83.1, Schedule C, and shall be made to the Registrar of Clubs, for hearing at the Annual Licensing Court for the court area wherein the club is situated, not later than 21 days prior to the date of such Annual Licensing Court.

Newspaper notice

(2) The applicant shall also publish the notice of such application once in a daily newspaper circulating in the locality and shall, when the notice has been published, lodge a copy of the newspaper with the Registrar.

Documents to accompany application

(3) Such application for renewal shall be accompanied by—

(a) two copies of the rules of the club,

(b) a list containing the names and addresses of the officials and committee of management or governing body and the names of the members, and

(c) a certificate in the Form 83.2, Schedule C, signed by two Peace Commissioners for the district in which the club premises are situated, and where such premises are not owned by the club, the certificate shall be signed by the owner of such premises or, where the owner is under any legal disability, by the legal representative of the owner. The application form shall be stamped to confirm payment of the appropriate court fee (if any) required by law to be paid in respect of such application.

Club rules qualifying for registration

(4) In order that a club may be eligible to be registered under the Registration of Clubs Acts, 1904 to 1988 the rules of the club shall comply with the requirements of—

(a) section 4 of the Act, as amended by section 42 of the Act of 1988, and

(b) section 56 (which relates to prohibited hours for the supplying for consumption on club premises of excisable liquor) of the Act of 1927 (as substituted by section 26 of the Act of 1988).

Applicant to notify Fire Authority

(5) The provisions of section 24 of the Fire Services Act, 1981 (No 30 of 1981) shall apply to every such application.

Registrar to notify Garda Superintendent

(6) The Registrar shall forthwith give notice of such application, in the Form 83.3, Schedule C, together with a copy of the rules of the club, to the Superintendent of the Garda Síochána for the Garda district in which the club, the subject of the application, is situated.

Certificate of registration

5. Where no objections to the renewal of the certificate are taken and the court grants the application, the Registrar of Clubs shall make the entries required by the Act in the register of Clubs and thereupon shall issue to the applicant a certificate of registration in the Form 83.4, Schedule C.

Late application

6. A club failing to make application for renewal of a certificate of registration by the date at or previous to which such application must in the terms of the Act be made shall not be granted such renewal unless the court is satisfied that such failure was due to inadvertence.

Objections to grant or renewal of certificate

7. (1) It shall be competent for the Superintendent of the Garda Síochána on receiving notice of an application given as aforesaid, and for any person resident in the parish in which the club premises are situated, to lodge objections to the grant of the certificate on any of the grounds of objection specified in the Act, and it shall be competent for any person to lodge objections to the renewal of the certificate on any such grounds.

(2) The court shall not consider any objection to the renewal of a certificate unless it is taken upon one or more of the grounds specified in—

(a) section 5 of the Act, as amended by section 46 of the Act of 1988, or

(b) section 24(2) of the Act of 1924, or

(c) section 19(10) of the Intoxicating Liquor Act, 2003.

[SI 259/05]

Objections — notice of

(3) An objection to the grant or renewal of a certificate of registration of a club shall be by notice in the Form 83.5, Schedule C, signed by the objector or solicitor for the objector, and shall be lodged with the Registrar within 10 days of the receipt or publication of notice of the application, and at the same time a copy of such notice of objection shall be sent to the secretary of the club applying for the grant of renewal of the certificate. When the Superintendent of the Garda Síochána is not an objector, the Registrar shall give notice of the lodgment of the objection or objections to the said Superintendent.

Objections — listing of

(4) In the case of an application for the renewal of a certificate, the Registrar shall list and enter the notice of objection for the Annual Licensing Court before which the application is due to be heard, and where the court adjourns the proceedings to a date for hearing, the Registrar shall by notice in the Form 83.6, Schedule C inform the parties of the place, date and time fixed for the hearing.

When granted Registrar to record particulars and issue certificate

(5) If, upon hearing the application and the objection, the court grants the application, the Registrar of Clubs shall make the entries required by the Act in the register of clubs and thereupon shall issue to the applicant a certificate of registration in the Form 83.4, Schedule C.

Duration of certificate

8. (1) A certificate of registration duly issued by a Registrar of Clubs under the Registration of Clubs Acts, 1904 to 1988 shall, as provided in section 3(3) of the Act (as amended by the First Schedule to the Courts (No 2) Act, 1986, No 26 of 1986), and subject to the other provisions of the Act, remain in force until the Annual Licensing Court for the court area wherein the club premises are situated held next after the grant of the application for such certificate, and shall then expire.

Certificate — extension pending court’s decision

(2) Notwithstanding the provisions of the Act as to the duration of certificates, where a renewal has been applied for the current certificate shall remain in force pending the final decision of the court, but not exceeding three months unless the court shall in its discretion extend such time to a further period not exceeding three months.

New clubs, clubs ceasing to be registered — notice to Revenue Commissioners

9. ...

[SI 198/05]

Club Authorisations

Venue

10. (1) An application by the secretary of a registered club for an authorisation pursuant to section 21(1) of the Intoxicating Liquor (General) Act, 1924 as amended by section 8 of the Act of 1962, may be made at any sitting of the court for the court area in which the club premises for which the authorisation is sought are situated.

Service and lodgment of notice

(2) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district the club premises are situated at least 48 hours prior to the date of hearing of the application, and a copy thereof shall at the same time be lodged with the Registrar of Clubs.

Order of court

(3) Where the application is granted, the authorisation shall be in accordance with Form 83.7, Schedule C. Not more than 15 per year (4) Not more than 15 such authorisations shall be granted to any club in any licensing year.

Authorisations for special events

Venue

11. (1) An application by the secretary of a registered club for an authorisation pursuant to section 14(1) of the Act of 1962 may be made at any sitting of the court for the court area in which the club premises for which the authorisation is sought are situated.

Service and lodgment of notice

(2) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district the club premises are situated at least 48 hours prior to the date of hearing of the application, and a copy thereof shall at the same time be lodged with the Registrar of Clubs.

Order of

(3) Where the application is granted, the authorisation shall be in accordance with Form 83.8, Schedule C.

Determination Order — application

12. An application pursuant to section 8(3) or section 8(15) of the Act of 2000 for a Determination Order may be made at any sitting of the court for the court district wherein the club is situated. Notice of an application for a Determination Order shall be in the Form 83.9, Schedule C. A copy of such notice shall be served upon the club (or in the case of an application under section 8(15), upon the original applicant) in the manner prescribed by section 8(5) of the Act of 2000 not later than seven days before the date fixed for the hearing of the application. The original notice shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The court may adjourn the hearing of such application and direct service of notice of the application upon such persons as the court may direct. A Determination Order shall be in the Form 83.10, Schedule C. The Clerk shall transmit a copy of any Determination Order to the Minister for Justice, Equality and Law Reform.

[SI 161/06; SI 397/06]

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