Licensing (Combating Drug Abuse) Act 1997

1 Interpretation.

1.—(1) In this Act—

“the Act of 1890” means the Public Health Acts Amendment Act, 1890;

“the Act of 1935” means the Public Dance Halls Act, 1935;

“the Act of 1977” means the Misuse of Drugs Act, 1977;

“controlled drug” has the same meaning as in section 2 of the Act of 1977;

“drug trafficking offence” has the same meaning as in section 3 (1) of the Criminal Justice Act, 1994;

“exempt person”, in relation to an unlicensed dance, means the occupier of the place where the unlicensed dance is taking place or is due to take place, any member of the occupier's family, any employee or agent of the occupier and any person whose home is situated in the place where the unlicensed dance is taking place or is due to take place;

“intoxicating liquor licence” means a licence for the sale of intoxicating liquor by retail whether granted on production or without production of a certificate of the Circuit Court or the District Court;

“the Licensing Acts” means the Licensing Acts, 1833 to 1995;

“Minister” means the Minister for Justice;

“music” includes sounds wholly or predominantly characterised by the emission of a succession of repetitive beats;

“place” has the same meaning as in section 1 of the Act of 1935 as amended by section 5 of this Act, and for the purposes of section 51 of the Act of 1890 includes a house, room, garden or other place;

“public dancing licence” has the same meaning as in section 2 of the Act of 1935;

“public music and singing licence” means any licence under section 51 of the Act of 1890;

“sound equipment” means equipment designed or adapted for amplifying music and any equipment suitable for use with such equipment;

“unlicensed dance” means a gathering of persons in any place which is open to the public and for which a public dancing licence is not in force, and which gathering a member of the Garda Síochána not below the rank of superintendent reasonably believes—

(a) the primary purpose of which is to entitle the persons attending to dance, and at which music is played (with or without intermissions), and

(b) will be an occasion for the sale, supply or distribution of any controlled drug,

and for this purpose such a gathering continues during intermissions in the music.

(2) In sections 3 and 4 and section 21 (in so far as it relates to a public dancing licence or a public music and singing licence) “licensing area” has the same meaning as in section 1 of the Act of 1935.

(3) In this Act—

(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.

2 Disqualification for ever from obtaining intoxicating liquor, public dancing or public music and singing licence on conviction for drugs offence.

2.—Any person who has been convicted of a drug trafficking offence shall be disqualified for ever from holding any intoxicating liquor licence, any public dancing licence or any public music and singing licence where the person is not the holder of any such licence.

3 Revocation of public dancing or public music and singing licence on conviction for drugs offence and disqualification for ever from holding such licence.

3.—(1) Where a person who is the holder of a public dancing licence or a public music and singing licence is convicted of a drug trafficking offence or of an offence under section 19 (1) (g) of the Act of 1977, a member of the Garda Síochána not below the rank of inspector may, notwithstanding any penalty imposed on the person, apply to the District Court to have the licence revoked.

(2) Upon an application under subsection (1), a judge of the District Court, where he or she is satisfied of the conviction of the licence-holder for a drug trafficking offence or an offence under section 19 (1) (g) of the Act of 1977, shall, unless the judge is of the opinion that there is good reason for not doing so, order that the licence be immediately revoked.

(3) Where a licence is revoked under this section, the person to whom the licence had been granted shall be disqualified for ever from holding a public dancing licence or a public music and singing licence, as appropriate.

(4) Where a licence is revoked under this section and the person to whom the licence had been granted was the owner of the place in respect of which the licence applied, that place shall not again have such licence attached to it.

(5) Where a licence is revoked under this section and the holder of the licence was not the owner of the place in respect of which the licence applied, that place shall not again have such licence attached to it unless—

(a) the offence in respect of which the holder of the licence was convicted took place elsewhere than in the place to which the licence applied,

or

(b) the offence in respect of which the holder of the licence was convicted took place in the place to which the licence applied, but the court is satisfied, on application by the owner, that the owner did not know and had no reason to suspect that the holder would use the place in such a way that would give rise to such a conviction.

(6) Any application under subsection (1) or (5) may be made at any time to the District Court for the licensing area in which the place to which the licence relates is situate.

4 Revocation of public dancing licence or public music and singing licence for allowing licensed premises to be used for sale, etc., of controlled drugs and disqualification for 5 years from holding either such licence.

4.—(1) Subject to subsection (2), where, upon an application by a member of the Garda Síochána not below the rank of inspector, a judge of the District Court is satisfied that a person who is the holder of a public dancing licence or a public music and singing licence permits or suffers the use of the place in respect of which the licence, was granted for the sale, supply or distribution of any controlled drug or did not exercise control which was reasonable in all the circumstances over the place to prevent such sale, supply or distribution, the judge shall order that the licence be immediately revoked.

(2) An application under subsection (1) shall not be made on the ground that the licence-holder did not exercise control which was reasonable in all the circumstances over the place to prevent the sale, supply or distribution of any controlled drug, unless a member of the Garda Síochána has previously—

(a) advised the licence-holder that he or she has a reasonable suspicion that there was such sale, supply or distribution at the place,

(b) warned the licence-holder to take whatever action was necessary to prevent such sale, supply or distribution, and

(c) given the licence-holder a reasonable period of time, being not less than 4 weeks from the date of the warning, to enable the licence-holder to take whatever action was necessary to prevent such sale, supply or distribution.

(3) Where a licence is revoked under this section, the person to whom the licence had been granted shall be disqualified from holding such a licence for a period of 5 years from the date of the order of revocation and the place in respect of which the licence applied shall not have a public dancing licence or a public music and singing licence, as the case may be, granted to it for a period of 5 years from the date of such order.

(4) Where a licence is revoked under this section and the person to whom the licence had been granted was not the owner of the place in respect of which the licence applied, the provisions of subsection (3) relating to such place shall not apply where, on application to the court by the owner, the court is satisfied that the owner did not know and had no reason to suspect that the holder permitted or suffered the use of, or did not exercise control over, the place as referred to in subsection (1).

(5) Any application under subsection (1) or (4) may be made at any time to the District Court for the licensing area in which the place to which the licence relates is situate.

5 Amendment of section 1 of Act of 1935 (Definitions).

5.—Section 1 of the Act of 1935 is hereby amended by the substitution for the definition of “place” of the following definitions:

“‘controlled drug’ has the same meaning as in section 2 of the Misuse of Drugs Act, 1977;

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

6 Amendment of section 2 (2) of Act of 1935 (Application for and grant of public dancing licences).

6.—Subsection (2) of section 2 of the Act of 1935 is hereby amended by the insertion of the following paragraph after paragraph (g):

“(h) the arrangements, where appropriate, that have been made to ensure that persons entering or making use of such place are not in possession of any controlled drug and that the place is not used for the sale, supply or distribution of any controlled drug.”.

7 Insertion of conditions and restrictions in public dancing licences.

7.—The Act of 1935 is hereby amended by the substitution for section 4 of the following section:

“Insertion of conditions and restrictions in public dancing licences.

4.—A judge of the District Court in granting a public dancing licence—

(a) may insert therein such conditions and restrictions as the judge thinks proper, and

(b) in particular (without prejudice to the generality of the foregoing power)—

(i) may insert in such licence conditions limiting the days on which and the hours during which the place to which the licence relates may be used for public dancing, and

(ii) shall, where the judge considers it appropriate to do so, insert a condition that the person to whom the licence is being granted shall make all reasonable arrangements to ensure that persons entering or making use of the place are not in possession of any controlled drug and that the place is not used for the sale, supply or distribution of any controlled drug.”.

8 Amendment of section 9 of Act of 1935 (Appeals in respect of applications for public dancing licences).

8.—Section 9 of the Act of 1935 is hereby amended—

(a) by the substitution in paragraph (c) for “such licence.” of “such licence, and”, and

(b) the insertion after paragraph (c) of the following paragraph:

“(d) by the person whose licence was revoked following application under section 3, 4, or 21 of the Licensing (Combating Drug Abuse) Act, 1997, or who unsuccessfully applied pursuant to section 3 (5), 4 (4) or 21 (4) of the said Act.”.

9 Use of unlicensed place for public dancing.

9.—The Act of 1935 is hereby amended by the substitution for section 10 of the following section:

“Use of unlicensed place for public dancing.

10.—(1) No place, whether licensed or not licensed for the sale of intoxicating liquor, shall be used for public dancing unless a public dancing licence is in force in respect of the place.

(2) If any place is used for public dancing in contravention of this section, the person who organised the public dance and the owner of such place shall be guilty of an offence and shall be liable—

(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 3 years, or both.

(3) In a prosecution for an offence under this section it shall be a defence for the owner to prove that he or she had no knowledge that his or her place was to be used for public dancing in contravention of this section.”.

10 Contravention of public dancing licence.

10.—The Act of 1935 is hereby amended by the substitution for section 11 of the following section:

“Contravention of public dancing licence.

11.—(1) Whenever any place in respect of which a public dancing licence is for the time being in force is used for public dancing by a person other than the licensee thereunder or is used for public dancing in contravention of or without due compliance with the conditions and restrictions contained in such licence, the licensee under such licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(2) Whenever any person is convicted of an offence under this section the judge of the District Court by whom such person is so convicted—

(a) may, in any case, and

(b) shall, where the condition contravened relates to reasonable arrangements not having been made to ensure that persons entering or making use of the place were not in possession of any controlled drug and that the place was not used for the sale, supply or distribution of any controlled drug,

in addition to or in lieu of imposing a fine, revoke the public dancing licence relating to the place in respect of which such offence was committed.”.

11 Amendment of section 51 of Act of 1890.

11.—Section 51 of the Act of 1890 is hereby amended—

(a) in subsection 2, by the insertion of the following after “conditions”:

“, which shall, where the court considers it appropriate to do so, include a condition that the person to whom the licence is being granted make all reasonable arrangements to ensure that persons entering or making use of such house, room, garden or place are not in possession of any controlled drug (within the meaning of section 2 of the Misuse of Drugs Act, 1977) and that the house, room, garden or place is not used for the sale, supply or distribution of any controlled drug,”.

(b) by the substitution for subsection 5 of the following subsections:

“5. If any house, room, garden or place is used for any of the purposes aforesaid without a licence under this section, the person who organised the singing, music or other public entertainment, as referred to in subsection 1, and the owner of such house, room, garden or place shall be guilty of an offence and shall be liable—

(a) on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 12 months, or both, or

(b) on conviction on indictment to a fine not exceeding £10,000 or to imprisonment for a term not exceeding 3 years, or both.

5A. In a prosecution for an offence under this section it shall be a defence for the owner to prove that he or she had no knowledge that his or her house, room, garden or place was to be used for any of the purposes aforesaid without a licence.”,

and

(c) the substitution for subsection 9 of the following subsections:

“9. In case of any breach or disregard of any of the terms or conditions upon or subject to which the licence was granted, the holder thereof shall be liable on summary conviction to a fine not exceeding £1,500.

9A. Whenever any person is convicted of an offence under subsection 9 the court by whom such person is so convicted—

(a) may, in any case, and

(b) shall, where the condition contravened relates to reasonable arrangements not having been made to ensure that persons entering or making use of the place were not in possession of any controlled drug and that the place was not used for the sale, supply or distribution of any controlled drug,

in addition to or in lieu of imposing a fine, revoke the public music and singing licence relating to the place in respect of which such offence was committed.”.

12 Powers to remove persons preparing for or certain persons at an unlicensed dance.

12.—(1) Where a member of the Garda Síochána not below the rank of superintendent reasonably believes that persons—

(a) are making preparation for the holding of an unlicensed dance,

(b) who are present at an unlicensed dance which is in progress, prepared or organised that dance, or

(c) are using the sound equipment at an unlicensed dance,

he or she may give a direction that those persons and any other persons who come to prepare for or organise the dance are to leave the place and remove any sound equipment or other property which they have with them at that place.

(2) A direction under subsection (1) may be communicated to the persons referred to in that subsection by any member of the Garda Síochána at the scene.

(3) Persons shall be treated as having had a direction under subsection (1) communicated to them if reasonable steps have been taken to bring it to their attention.

(4) A direction under subsection (1) does not apply to an exempt person.

(5) A person knowing that a direction has been given which applies to him or her who—

(a) fails to leave the place as soon as reasonably practicable, or

(b) having left again enters the place within a period of 7 days beginning with the day on which the direction was given,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a period not exceeding 3 months, or both.

(6) In a prosecution for an offence under this section it is a defence for the accused to show that he or she had a reasonable excuse or had lawful authority for failing to leave the place as soon as reasonably practicable or, as the case may be, for again entering the place.

(7) Where a member of the Garda Síochána finds any person committing an offence under this section, the member may arrest such person without warrant.

13 Powers to stop persons proceeding to unlicensed dances.

13.—(1) If a member of the Garda Síochána reasonably believes that a person is on his or her way to an unlicensed dance in respect of which a direction under section 12 (1) is in force, the member may, subject to subsections (2) and (3)—

(a) stop that person, and

(b) direct him or her not to proceed in the direction of the unlicensed dance.

(2) The power conferred by subsection (1) may only be exercised at a place within 2 miles of the place where the unlicensed dance is being held or is due to be held but this restriction does not apply where the dance is being held, or is due to be held, on an offshore island.

(3) No direction may be given under subsection (1) to an exempt person.