District Court Rules

ORDER 86

PUBLIC DANCING

Definitions

1. In this Order—

‘the Act’ means the Public Dance Halls Act, 1935 (No 2 of 1935);

‘place’ means a building (including part of a building), yard, garden, or other enclosed place, whether roofed or not roofed and whether the enclosure and the roofing (if any) are permanent or temporary;

‘public dancing’ means dancing which is open to the public and in which persons present are entitled to participate actively.

Venue for application under section 2

2. (1) An application for a public dancing licence pursuant to section 2 of the Act may be made at any sitting of the court for the court area in which the place sought to be licensed is situate.

(2) Where the application is in respect of a place for which a licence is in existence at the time of such application, the application shall be made at the Annual Licensing Court for the said court area.

Service of notice

(3) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district, and upon the local authority within whose functional area, is situate the place to which such application relates, at least one month before the date of hearing of the application.

Newspaper notice

(4) The applicant shall also cause notice of the intended application to be published at least one month before such hearing in a newspaper circulating in the district in which is situate the place to which such application relates.

Applicant to notify Fire Authority

(5) The provisions of section 24 of the Fire Services Act, 1981 shall apply to the application.

Lodgment of notice, etc.

(6) 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 at least seven days before the date of such hearing.

Order of court

(7) Where the application is granted, the licence shall be in accordance with Form 86.1, Schedule C.

Venue for application under section 6

3. (1) An application for a public dancing licence for a defined period not exceeding one month pursuant to section 6 of the Act may be made at any sitting of the court for the court area in which the place sought to be licensed is situate.

Service and lodgment of notice

(2) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district is situate the place to which such application relates and a copy thereof, together with a statutory declaration as to service, shall be lodged with the Clerk at least 48 hours before the date of hearing of the application.

Applicant to notify Fire Authority

(3) The provisions of section 24 of the Fire Services Act, 1981 shall apply to the application.

(4) A Judge may, where special circumstances so require, hear such application and grant such public dancing licence at a sitting of the court in any court area in that Judge’s district.

Order of court

(5) Where the application is granted the licence shall be in accordance with Form 86.2, Schedule C.

Venue for application under section 8(2)

4. (1) An application in respect of any place for which a public dancing licence is in force, for a public dancing licence in respect of that place to another person pursuant to section 8(2) of the Act, made with the consent of the licensee, may be made at any sitting of the court for the court area in which the place to which the application relates is situate.

Notice of application

(2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 86.3, Schedule C) signed by the applicant or solicitor for the applicant.

Service and lodgment of notice

(3) Such notice shall be served upon the Superintendent of the Garda Síochána within whose district is situate the place to which such application relates, and a copy thereof, together with a statutory declaration as to service, shall be lodged with the Clerk at least 48 hours before the date of hearing of the application.

Applicant to notify Fire Authority

(4) The provisions of section 24 of the Fire Services Act, 1981 shall apply to the application.

Order of court

(5) The order of the court hearing such application shall be in accordance with Form 86.1 or Form 86.4, Schedule C, as the case may be.

Surrender of licence

5. The licensee under a public dancing licence may at any time surrender such licence by notice in writing (Form 86.5, Schedule C) sent or delivered, together with such licence, to the Clerk for the court area in which the place to which such licence relates is situate.

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