District Court Rules

ORDER 96B

ORDERS CONCERNING RETAIL PREMISES
CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 2003
CRIMINAL JUSTICE (PSYCHOACTIVE SUBSTANCES) ACT, 2010

1. In this Order:

‘the Act of 2003’ means the Criminal Justice (Public Order) Act, 2003 (No 16 of 2003);

‘the Act of 2010’ means the Criminal Justice (Psychoactive Substances) Act, 2010 (No 22 of 2010);

‘closure order’ has the meaning given to it by section 2 of the Act of 2003;

‘prohibition order’ means an order under section 8 of the Act of 2010.

[SI 536/11]

Criminal Justice (Public Order) Act, 2003

2. An application pursuant to section 4 of the Act of 2003 for a closure order may be made at any sitting of the Court for the court district in which:

(i) in the case of a food stall or food vehicle, the stall or vehicle is used for the sale of food or is kept when not being so used, or

(ii) in the case of any other catering premises, the catering premises are situated.

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3. Notice of an application for a closure order shall be in the Form 96B.1, Schedule C and there shall be attached to such notice a copy of the notice in writing which was served in accordance with section 4(2) of the Act of 2003. A copy of the notice of application shall be served upon the licensee or manager of the catering premises concerned not later than seven days before the date fixed for the hearing of the application. The original notice of application 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 closure order shall be in the Form 96B.2, Schedule C.

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4. An application pursuant to section 7 of the Act of 2003 for an order extending a closure order may be made at any sitting of the Court for the court district in which the closure order was made. Save where the Court otherwise directs or permits, such an application shall be preceded by the issue of a notice of application in the Form 96B.3, Schedule C. A copy of the notice of application shall be served upon the licensee or manager of the catering premises concerned not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. Where the Court makes an order extending the closure order, including where the Court makes any variation in the terms of the closure order, the period of such extension and the terms of any such variation may be indorsed upon the closure order and re-signed by the Judge.

[SI 536/11]

Criminal Justice (Psychoactive Substances) Act, 2010

5. An application pursuant to section 8 of the Act of 2010 for a prohibition order may be made at any sitting (including a sitting to which section 8(11) of the Act of 2010 applies) of the Court for the court district in which:

(i) the person who is the subject of the prohibition notice concerned ordinarily resides or carries on any profession, business or occupation, or

(ii) any structure, stall or vehicle to which the prohibition notice relates is located or used, or

(iii) any such structure, stall or vehicle is kept when not in use.

[SI 536/11]

6. Notice of an application for a prohibition order shall be in the Form 96B.4, Schedule C and there shall be attached to such notice a copy of the prohibition notice which was served in accordance with section 7 of the Act of 2010. A copy of the notice of application shall be served upon the person who is the subject of the prohibition notice concerned (in this rule, the ‘respondent’) not later than seven days before the date fixed for the hearing of the application. The original notice of application 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 in accordance with section 8(2) of the Act of 2010. A prohibition order shall be in the Form 96B.5, Schedule C. The applicant shall serve a copy of the order on the respondent. Where a prohibition order specifies any premises to which the order relates, and the owner of the premises is not the respondent, the applicant shall, where practicable, cause a copy of the prohibition order to be served by registered post on the owner of the premises concerned.

[SI 536/11]

7. An application pursuant to section 9(1) of the Act of 2010 for an order varying a prohibition order may be made at any sitting of the Court for the court district in which the prohibition order was made. Save where the Court otherwise directs or permits, such an application shall be preceded by the issue of a notice of application in the Form 96B.6, Schedule C. A copy of the notice of application (with a copy of the prohibition order appended, where the person applying is in possession of a copy of that order) shall be served upon the member of the Garda Síochána who applied for the prohibition order concerned not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The member shall produce the prohibition order or a true copy at the hearing. Where the Court makes an order varying the prohibition order, the order shall be in the Form 96B.7.

[SI 536/11]

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