S.I. No. 174/2009 - District Court (Intoxicating Liquor Act 2008) Rules 2009

1. That a general exemption order was in force on 30 May 2008 in respect of said premises and

2. That due notice of the application for this order was served upon the officer in charge of the Garda Síochána for the licensing area, and, after hearing such officer,

3. That it is necessary and desirable to grant this Order for the accommodation of a considerable number of persons attending the said public market or fair.

Dated this.. day of..20.

Signed................................................

Judge of the District Court

SCHEDULE

NOTICE

LICENSING ACTS 1833 TO 2008

A General Exemption Order has been granted to the holder of the on-licence in respect of these premises exempting the said holder from the provisions of the above Acts relating to prohibited hours on every week-day between the hours of .......... and ........... for the accommodation of a considerable number of persons following the lawful trade or calling of in the vicinity of these premises.

The licence holder is bound during every period of exemption to supply on these premises food and non-alcoholic drink at reasonable prices to any person demanding the same.

EXPLANATORY NOTE

(This does not form part of the Instrument and does not purport to be a legal interpretation)

These Rules substitute Orders 68, 71, and 72 of the District Court Rules and the corresponding forms on foot of amendments in the

Intoxicating Liquor Act 2008

.

* Intoxicating Liquor Act 1960 [Sec. 10].

†

Intoxicating Liquor Act 1927

(Sec. 4(7) as amended by Intoxicating Liquor Act 2008 [Sec. 5]).

* Delete where inapplicable

* Delete where inapplicable

* Delete where inapplicable

* Delete where inapplicable

* Delete where inapplicable

* Delete where inapplicable

* Delete where inapplicable

† Delete where inapplicable

* Delete where inapplicable

* Delete where inapplicable

4. To the inadequacy of the existing number of licensed premises of the same character in the neighbourhood.

*AND IT IS A CONDITION OF THE GIVING OF THIS CERTIFICATE THAT a closed circuit television system be *installed and/or *used and/or *operated in respect of the premises concerned and, accordingly, if there is any failure to comply with such condition, such failure shall relate to the good character of the licensee for the purposes of the renewal under the

Courts (No. 2) Act 1986

of the relevant off-licence concerned.

Dated this.. day of..20.

Signed...........................................................

Judge of the District Court

* Delete where inapplicable

SCHEDULE C

O.68, r.1 (7)

No. 68.9

LICENSING ACTS 1833 TO 2008

CERTIFICATE FOR A NEW WHOLESALE BEER DEALERS LICENCE

District Court Area of District No.

THE COURT HEREBY GRANTS to ................................. of ......................................................................................................................... this certificate to hold a WHOLESALE BEER DEALERS LICENCE in respect of the premises situate at............................................................................... in court area and district aforesaid,

AND CERTIFIES AS FOLLOWS:—

5. That the Licence to be granted for the said premises shall be in substitution for the existing licence(

s

) (within the meaning of

section 18

(1) of the

Intoxicating Liquor Act 2000

) in respect of the premises situate at *(and).

*AND IT IS A CONDITION OF THE GIVING OF THIS CERTIFICATE THAT a closed circuit television system be *installed and/or *used and/or *operated in respect of the premises concerned and, accordingly, if there is any failure to comply with such condition, such failure shall relate to the good character of the licensee for the purposes of the renewal under the

Courts (No. 2) Act 1986

of the relevant off-licence concerned.

Dated this.. day of..20.

Signed...........................................................

Judge of the District Court

* Delete where inapplicable

SCHEDULE C

O.68, r.1(7)

No. 68.8

LICENSING ACTS 1833 TO 2008

CERTIFICATE FOR A NEW WINE RETAILERS OFF-LICENCE

District Court Area of District No.

THE COURT HEREBY GRANTS to ................................. of........................................................................................................ this certificate to hold a WINE RETAILERS OFF-LICENCE in respect of the premises situate at............................................................................. in court area and district aforesaid,

AND CERTIFIES AS FOLLOWS:—

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

8

th May

, 2009.

The District Court Rules Committee, in exercise of the powers conferred on them by

section 91

of the

Courts of Justice Act 1924

,

section 72

of the

Courts of Justice Act 1936

,

section 34

of the

Courts (Supplemental Provisions) Act 1961

and

section 24

of the

Interpretation Act 2005

, do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following rules of court.

Dated this 17 day of November 2008.

Miriam Malone Chairperson

Uinsin Mac Gruairc

Mary C Devins

Thomas E O’Donnell

Brian Sheridan

Fiona Twomey

Roy Pearson

Noel A Doherty

Michelle Johnston

I concur in the making of the following rules of court.

Dated this 27 day of April 2009.

DERMOT AHERN,

Minister for Justice, Equality and Law Reform.

S.I. No. 174 of 2009

DISTRICT COURT (INTOXICATING LIQUOR ACT 2008) RULES 2009