S.I. No. 93/1997 - District Court Rules, 1997

• (2) If the enforcement order has been made in respect of a maintenance order or an order varying a maintenance order, the Clerk shall send by registered post to the maintenance creditor and the maintenance debtor a notice in the Form 62.5 Schedule C.

• (3) If the enforcement order has been made in respect of an order revoking a maintenance order, the Clerk shall send by registered post to the maintenance debtor a copy of such revocation order and a statement of any amounts still due and payable under the maintenance order.

Procedure where debtor changes address

13. (1) Where a maintenance debtor ceases to reside in the district court area in which the proceedings have been registered and commences to reside elsewhere in the State, the Clerk for the said district court area shall forward to the Clerk for the district court area in which the maintenance debtor is for the time being residing the following documents—

( a ) a copy of the maintenance order and a copy of the relevant enforcement order,

( b ) a certificate of arrears in the Form 62.6 Schedule C,

( c ) a copy of the variation order (if any),

( d ) any other relevant document.

• (2) The Clerk receiving the said documents shall proceed as if the copy of the maintenance order and the copy of the enforcement order had been received from the Master of the High Court (or in the case of an instrument or settlement, the High Court).

Recovery arrears by Clerk

14. (1) Whenever a District Court Clerk receives a request in writing from a maintenance creditor under section 7 (7) (b) of the Act of 1988 as applied by section 11 of the Act of 1993 and as substituted by section 11 of the Act of 1994 in relation to any sum payable by virtue of an enforceable maintenance order but not duly paid, such Clerk may proceed in accordance with the provisions of Order 56 (Attachment of Earnings) or Order 57 (Proceedings under section 8 of the Enforcement of Court Orders Act, 1940 ) of these Rules.

• (2) Where it appears to a District Court Clerk that any sums payable to him or her under an enforceable maintenance order for transmission to the maintenance creditor are in arrears and he or she has received no request in writing under the said section 7 (7) (b) in relation thereto, such Clerk may in his or her discretion, having considered the extent of the arrears and any other relevant matter, notify the maintenance creditor of the means of enforcement available in respect of the order.

Application by virtue of Articles 2 and 5.2 of the 1968 Convention

15. An application to the District Court being brought—

( a ) by virtue of Article 5.2 of either the 1968 Convention or the Lugano Convention by a maintenance creditor domiciled or habitually resident in the State against a maintenance debtor domiciled in a Contracting State other than the State for the variation of a maintenance order,

( b ) by virtue of Article 2 of either the 1968 Convention or the Lugano Convention by a maintenance creditor domiciled in a Contracting State other than the State against a maintenance debtor domiciled in the State for the variation of a maintenance order, or

( c ) by virtue of Article 2 of either the 1968 Convention or the Lugano Convention by a maintenance debtor domiciled in a Contracting State other than the State against a maintenance creditor domiciled in the State for the variation or revocation of a maintenance order,

shall be preceded by the issue and service upon the defendant party of a summons in the Form 62.7 Schedule C or, where appropriate, notice thereof in the Form 62.1 Schedule C, with any necessary modifications, where the defendant party is domiciled in a Contracting State other than the State, and the provisions of this Order shall apply. The order of the Court granting the application shall be in the Form 62.8 Schedule C and shall be served upon a party within the jurisdiction by registered post and upon a party domiciled in another contracting state in accordance with the provisions (including Articles 8 to 11) of The Hague Convention and this Order.

PART III — RECOVERY OF MAINTENANCE

— MAINTENANCE ACT, 1994 — PART II

— RECIPROCATING JURISDICTIONS

— THE ROME CONVENTION

Enforcement Order

16. If a judgment or an instrument or settlement referred to in Articles 50 or 51 of the Brussels Convention or the Lugano Convention does not relate solely to maintenance, these Rules shall apply only to those parts that relate to maintenance, and upon receipt of an enforcement order made by the High Court, in relation thereto, the Clerk shall proceed as indicated in rule 17 hereof.

Application from reciprocating jurisdiction

17. Where, pursuant to section 7 (1) of the Act of 1994, the Central Authority, on receipt of an application for the recognition or enforcement in the State of a maintenance order which has been transmitted by the Central Authority of a reciprocating jurisdiction, sends the application to

( a ) the Master of the High Court for determination in accordance with section 5 of the Act of 1988, or

( b ) the High Court for determination in accordance with Article 31 of the Brussels or Lugano Conventions

and, where an enforcement order is made under sections 7 (2) or 7 (7) of the Act of 1994, as appropriate, and the orders are sent to the appropriate District Court Clerk, such clerk shall register the documents and proceed to enforce the enforceable maintenance order in accordance with the provisions of this order.

PART IV — RECOVERY OF MAINTENANCE

— MAINTENANCE ACT, 1994

— DESIGNATED JURISDICTIONS

— THE NEW YORK CONVENTION

Enforcement Order — Procedure-accompanied by order

18. Where the Central Authority receives a request from a central authority of a designated jurisdiction on behalf of a claimant for the recovery of maintenance from a person for the time being residing in the State ("the respondent"), and (such request being accompanied by an order of a Court in a Contracting State (within the meaning of the Acts of 1988 and 1993) ], the Central Authority transmits the request pursuant to section 14 (1) (a) of the Act of 1994 to the Master of the High Court for determination in accordance with section 5 of the Act of 1988, and where the Master, having made an enforcement order in respect of the maintenance order, sends those orders to the appropriate District Court Clerk, such Clerk shall proceed as indicated in rule 16 of these Rules.

Application to District court to enforce

19. (1) Where the Central Authority receives a request referred to in rule 18 hereof and such request is accompanied by an order made by any other Court and the Central Authority is of opinion that the order may be enforceable in the State the Central Authority may make application pursuant to section 14 (1) (b) of the Act of 1994 at any sitting of the District Court for the relevant district court district (as set out in section 14 (11) of the Act of 1994) for the enforcement of the order.

— on notice

• (2) Such application shall be preceded by the issue and service of a notice, in the Form 62.9 Schedule C upon the respondent. The notice shall be accompanied by a copy of the documents mentioned in section 14 (6) of the Act of 1994. Service shall be effected by registered post at least twenty-one days prior to the date of hearing of the application.

• (3) When service has been effected, the applicant shall lodge with the Clerk the original of the notice, together with a statutory declaration as to service thereof and the certificate of posting, at least four days prior to the said date of hearing.

Clerk to send copy orders

• (4) Where, upon hearing the application, the Court makes an order for the enforcement of the order of the court in the designated jurisdiction for the recovery of maintenance such order of the Court shall be in the Form 62.10 Schedule C and copies thereof shall be sent by the Clerk to the Central Authority and the respondent.

and enforce order

• (5) When the Court makes such an order the Clerk shall proceed to enforce the enforceable maintenance order as indicated in rule 16 of these Rules.

Enforcement procedure where not accompanied by order—

20. (1) Where the Central Authority receives a request referred to in rule 17 hereof and either:—

( a ) such request is not accompanied by an order referred to in rule 17 or in rule 18 hereof, or

( b ) enforcement of the order is refused,

— application to District Court

and the Central Authority intends to make an application to the District Court pursuant to section 14 (1) (c) (ii) of the Act of 1994, for the recovery of maintenance in accordance with the request, such application may be made at any sitting of the Court for the relevant Court District (as set out in section 14 (11) of the Act of 1994) and shall be deemed (as provided in subsection (3) of that section) to be an application for a maintenance order under section 5, 5A or 21A of the Act of 1976, as appropriate.

— on notice

• (2) The application shall be preceded by the issue and service of a notice, in the Form 62.11 Schedule C upon the respondent. The notice shall be accompanied by a copy of documents mentioned in section 14 (6) of the Act of 1994. Service shall be effected by registered post at least twenty-one days prior to the date of hearing of the application.

• (3) When service has been effected, the applicant shall lodge with the Clerk the original of the notice, together with the certificate of posting, at least four days prior to the said date of hearing.

• (4) Where, upon hearing the application, the court makes a maintenance order, the Clerk shall proceed in accordance with the relevant provisions of the Order 54 and this Order, and the forms therein provided (with any necessary modifications) may be used.

Deposition of respondent

21. Where the court, on an application to it under section 14 (1) (c) of the Act of 1994, takes evidence from the respondent on sworn deposition, such deposition shall be in the Form 62.12 Schedule C, a copy thereof shall be sent by the Clerk to the Central Authority for transmission to the central authority of the designated jurisdiction with a request that the claimant provide an answering affidavit.

Transfer for use of television link

22. Where, at the hearing of an application under section 14 (1) (c) of the Act of 1994, the Court makes an order pursuant to subsection (7) of that section transferring the proceedings to a district court district where facilities are available for taking the evidence of the claimant or of any witness through a live television link, such order shall be in the Form 62.13 Schedule C. The Clerk shall forward a copy thereof, together with any other documents in his or her possession relating to the proceedings, to the appropriate District Court Clerk.

Deposition of claimant

23. A request by the claimant to give evidence on sworn deposition before the District Court pursuant to section 15 (2) (a) of the Act of 1994 may be made at any sitting of the Court for the district court district in which the claimant resides or carries on any profession, business or occupation. A deposition, taken under that provision shall be in the Form 62.14 Schedule C and the certificate of the Court required under that provision (which may be added at the foot of the deposition) shall be in the Form 62.15 Schedule C. A certified copy of the deposition and certificate shall be given by the Clerk to the claimant.

24. The certificate to be given by the Clerk to a claimant on request, pursuant to section 15 (3) (b) of the Act of 1994, shall be in the Form 62.16 Schedule C.

Taking of evidence for a designated jurisdiction

25. (1) Subject to the provisions of subsection (8) of section 19 of the Act of 1994, where on request from the Master of the High Court, pursuant to section 19 (2)of the Act of 1994, a Judge of the District Court proposes to take the evidence of a person for the purposes of proceedings in a designated jurisdiction for the recovery of maintenance, the Clerk shall issue and serve notice, in the Form 62.17 Schedule C upon the person concerned, the Central Authority, the Master of the High Court and upon such other persons as the judge thinks fit. The notice shall be served by registered post at least twenty-one days prior to the date fixed for taking the evidence.

• (2) Where such evidence is taken on sworn deposition, the deposition shall be in the Form 62.18 Schedule C. The Clerk shall send a certified copy thereof to the Central Authority for transmission to the requesting authority.

• (3) Where, as provided for in section 19 (9) of the Act of 1994, the requesting authority makes a request for the taking of evidence directly to the District Court, the provisions of this rule shall, with any necessary modifications, apply in relation to such a request.

• (4) If it is not possible to take the evidence within four months of the receipt of the request by the Central Authority, the Judge shall certify in the Form 62.21 Schedule C the reasons for the non-execution of the request or for the delay in executing it and the Clerk shall send the same to the Central Authority for transmission to the requesting authority.

PART V— MISCELLANEOUS PROVISIONS APPLICABLE TO PROCEEDINGS TO WHICH PARTS II, III AND IV REFER

Currency of payments

26. An amount payable in the State under:—

( a ) an enforceable maintenance order by virtue of an enforcement order as provided for in the Act of 1988, or

( b ) an order for recovery of maintenance which is made by a Court in a jurisdiction other than the State and is enforceable in the State as provided for in the Act of 1994,

shall be paid in the currency of the State and if the amount is stated in the enforceable maintenance order or order for recovery, as the case may be, in a currency other than the currency of the State, the payment shall be made on the basis of the exchange rate prevailing on the date of the making of the enforcement order or of the order of a court in the State for the enforcement of the order, for the recovery of maintenance between that other currency and the currency of the State.

Clerk to give receipt for and transmit payments

27. (1) The District Court Clerk shall give, or send by ordinary post, to the maintenance debtor a receipt for each payment made by him or her under an order referred to in rule 26 hereof and shall transmit such payment forthwith by registered post, by insured post or by any other appropriate method to the person entitled to receive it, having due regard to the provisions of subsections 2 (a) and 2 (b) of section 4 of the Act of 1994.

• (2) Before transmitting any such payment abroad the Clerk shall comply with any Exchange Control regulations for the time being in force governing the transmission of such payments and shall, where necessary for that purpose, produce the order referred to in rule 26 hereof to an authorised dealer (i.e. a licensed bank) for inspection.

Venue for proceedings by creditor

28. (1) Proceedings by or on behalf of the maintenance creditor being brought in the District Court under the Act of 1988 as applied by section 11 of the Act of 1993 for the enforcement of an enforceable maintenance order, may be brought, heard and determined.

( a ) in case the maintenance debtor under the enforceable maintenance order concerned resides in the State, at any sitting of the Court for the district court district in which the maintenance debtor resides,

( b ) in case the maintenance debtor does not reside in the State but is in the employment either of a person residing or having a place of business in the State or of a corporation or association having its seat therein, at any sitting of the Court for the district court district in which that person resides or, as the case may be, the corporation or association has its seat.

• (2) Proceedings being brought by the maintenance creditor by virtue of Article 2 of either the 1968 Convention or the Lugano Convention for the variation of a maintenance order made in a Contracting State other than the State may be brought, heard and determined at any sitting of the Court for the district court district in which the maintenance debtor is domiciled.

PART VI— MISCELLANEOUS PROVISIONS APPLICABLE TO PROCEEDINGS TO WHICH PARTS III AND IV REFER

Obtaining information on debtor

29. (1) An application by the Central Authority to the District Court under section 20 (2) of the Act of 1994 for an order requiring a person or body (not being a person information or body mentioned in subsection (1) of that section) to provide to the Central Authority information as to the whereabouts, place of work, or location and extent of the assets of a maintenance debtor (within the meaning of the Act of 1988) or respondent may be made at any sitting of the Court for the district court district in which the person or body to whom the order sought is to be directed resides or carries on any profession, business or occupation, and notice of such application in the Form 62.19 Schedule C shall be lodged with the Clerk at least four days prior to the date of hearing.

• (2) Where the Court grants the application and makes the order sought, such order shall be in the Form 62.20 Schedule C and the Central Authority shall forward a copy thereof to the person or body concerned.

ORDER 63

AUCTIONEERS AND HOUSE AGENTS

1.—In this Order "the Act" means the Auctioneers and House Agents Act, 1947 (No. 10 of 1947), as amended.

Venue — Application for certificate of qualification

2. (1) An application for a certificate of qualification pursuant to Part III of the Act may be made at any sitting of the Court in the court area in which the applicant proposes to carry on business or, in case the applicant proposes to carry on business in more than one court area, in the court area in which the applicant proposes to have his or her principal place of business.

Service of notice

• (2) Notice of the application shall be served upon the Superintendent of the Garda Síochána within whose district the principal place of business is situate at least twenty-eight days before the date of hearing of the application.

Newspaper notice

• (3) The applicant shall also cause notice of the intended application to be published, at least twenty-eight days before such hearing, in a newspaper circulating in the court area in which the applicant proposes to have his or her principal place of business.

Lodgment of notice and newspaper

• (4) 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 hearing of the application.

Applicant to furnish required certificates

• (5) On the hearing of the application the applicant shall furnish to the Court the certificate required by section 12 (3) or 12 (4) (b) of the Act (as inserted by section 12 of the Auctioneers and House Agents Act, 1967 ) as the case may be.

Order of Court

• (6) Where the application is granted the certificate shall be in accordance with Form 63.1 Schedule C.

Notice of objection

3. A notice of objection pursuant to section 11 (5) of the Act to the grant of a certificate of qualification shall be in accordance with Form 63.2 Schedule C. Such notice shall be served upon the applicant and a copy, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days before the date of hearing of the application

ORDER 64

BETTING ACT, 1931

1. In this Order "the Act" means the Betting Act, 1931 (No. 27 of 1931).

Procedure for appeal against refusal of Superintendent to grant certificate

2. The procedure to be followed in an appeal from the refusal of a Superintendent of the Garda Síochána to grant a certificate of personal fitness or a certificate of suitability of premises under the Act is the procedure set out in the Betting Act (District Court and Garda Síochána) Regulations, 1931 (Statutory Rules and Orders, 1931 No. 81).

ORDER 65

FISHERIES

Definitions

1. In this Order

"the Act of 1962" means the Fisheries (Amendment) Act, 1962 (No. 31 of 1962);

"the Act of 1978" means the Fisheries (Amendment) Act, 1978 (No. 18 of 1978);

"the Act of 1980" means the Fisheries Act, 1980 (No. 1 of 1980);

"the Act of 1994" means the Fisheries (Amendment) Act, 1994 (No. 23 of 1994);

"the Principal Act" means the Fisheries (Consolidation) Act, 1959 ; (No. 14 of 1959);

"business" means the selling or exporting for sale of salmon and trout, eels, or molluscan shellfish as appropriate.

Application for cert. of fitness

2. (1) An application pursuant to section 158 (as amended by section 14 of the Act of 1962 and the fourth schedule to the Act of 1980) of the Principal Act for a certificate of fitness to hold a Part X licence may be made at any sitting of the Court for the court area in which the applicant carries on or proposes to carry on business.

• (2) Such application shall be preceded by the issue and service of a notice in the Form 65.1, Schedule C, signed by the applicant or solicitor for the applicant.

• (3) The applicant shall serve the notice upon the regional board in whose fisheries region he or she carries on or proposes to carry on business not less than fourteen days before the date of hearing of the application. Service may be effected in accordance with the provisions of section 324 of the Principal Act.

• (4) When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the said date of hearing.

• (5) A certificate of fitness to hold a Part X licence granted under the said section 158 shall be in the Form 65.2, Schedule C.

Application for detention of boat and persons (for 48 hours)

3. (1) An application to a Judge of the District Court pursuant to section 233A (as amended by section 12 of the Act of 1978 and as substituted by section 11 of the Act of 1994) of the Principal Act for an Order authorising the continued detention of a boat and the persons on board the boat (for a period of 48 hours) may be made at any sitting of the Court for the court district in which is situated the port in which the boat and persons concerned are detained.

• (2) Before making such application the applicant shall complete and lodge with the Clerk a notice in the Form 65.3, Schedule C, and shall deliver a copy thereof to each of the persons in respect of whom the order is sought.

• (3) Where the Court grants the application the order of the Court shall be in the Form 65.4, Schedule C.

Detention of boat and persons pending adjudication of proceedings

4. An order of the Court pursuant to section 234 (1) — as substituted by section 13 of the Act of 1978 — of the Principal Act requiring the detention of a boat and persons (including the master) on board such boat until proceedings have been adjudicated upon by the Court shall be in the Form 65.5, Schedule C.

Detention of boat pending payment of fine and costs

5. An order of the Court pursuant to section 236 (1) (b) of the Principal Act requiring the further detention of a boat until a fine and costs (if any) are paid shall be in the Form 65.6 Schedule C.

Order for distress and sale of boat

6. An order of the Court pursuant to section 236 (1) (c) of the Principal Act for distress and the sale of a boat on the non-payment of a fine and costs (if any) shall be in the Form 65.7, Schedule C.

Detention of boat pending taking possession of article forfeited

7. An order of the Court pursuant to section 236 (2) of the Principal Act made on the application of the prosecutor, authorising the detention of a boat until possession has been taken of an article on board the boat which has been ordered or stands forfeited shall be in the Form 65.8, Schedule C.

Further detention of boat pending determination of proceedings (incl. appeals and trials)

8. An order of the Court pursuant to section 235 (1) — as substituted by section 14 of the Act of 1978 — of the Principal Act requiring the further detention of a boat pending,

in the case of an appeal from, or any other proceedings in relation to, an order convicting a person of an offence under Chapter II or III of Part XIII of the Principal Act or an order dismissing proceedings in relation to such an offence, the determination of the appeal or any other proceedings (and any proceedings consequent upon the appeal or the other proceedings),

in a case where a person is sent forward for trial or for sentence charged with an offence under the said Chapter II or III, the determination of the case in the court to which that person was sent forward and, in the event of an appeal or other proceedings arising therefrom, the determination of the appeal or the other proceedings (and any proceedings consequent upon the appeal or the other proceedings),

shall be in the Form 65.9 or 65.10, Schedule C, as appropriate.

Order for release of a boat

9. An order of the Court pursuant to section 235 (2) (a) — as substituted by section 14 of the Act of 1978 — of the Principal Act requiring a boat to be released shall be in the Form 65. 11, Schedule C.

Detention of boat/boat and persons pending adjudication of proceedings

10. An order of the Court pursuant to section 301 (2A) — as inserted by section 53 (b) of the Act of 1980 - of the Principal Act requiring the detention of a boat and person or persons or of the boat only until proceedings have been adjudicated upon by the Court shall be in the Form 65,12, Schedule C.

Application for warrant

11. (1) An application to a Judge of the District Court for the issue of a warrant pursuant to section 297 — as amended by section 71 of the Act of 1980 — of the Principal Act may be made at any sitting of the Court for the court district wherein the garden, dwellinghouse or curtilage thereof in respect of which the issue of the warrant is sought is situated.

— venue

— by sworn information

• (2) Such application shall be made by the information on oath and in writing, in the Form 65.13, Schedule C, of an authorised person within the meaning of section 292 — as substituted in the fourth schedule to the Act of 1980 — of the Principal Act.

Form of warrant

• (3) Where the Court grants the application, the warrant issued on foot of such information shall be in the Form 65.14, Schedule C.

ORDER 66

GAMING AND LOTTERIES

Definition

1. In this Order "the Act" means the Gaming and Lotteries Act, 1956 (No. 2 of 1956), as amended.

Venue — Certificate for Gaming Licence

2. (1) An application for the grant of a certificate authorising the issue of a licence permitting gaming at an amusement hall or funfair pursuant to section 15 (1) of the Act may be made at any sitting of the Court for the court area in which the premises sought to be licensed are situate.

Form of Notice

• (2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 66.1, Schedule C) signed by the applicant or solicitor for the applicant.

Service of notice

• (3) Such notice shall be served upon the Superintendent of the Garda Síochána for the locality and upon the Local Authority within whose administrative area the premises are situate at least twenty eight days before the date of hearing of the application.

Newspaper notice

• (4) The applicant shall also cause a notice of the intended application to be published at least fourteen days before such date of hearing in a newspaper circulating in the locality.

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

Lodgment of notice, etc.

• (6) The original of the notice of 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 hearing.

Order of Court

• (7) Where the application is granted the certificate shall be in accordance with Form 66.2, Schedule C.

Venue — Application for Lottery Licence

3. (1) An application for the grant of a licence for the promotion of a lottery pursuant to section 28 of the Act may be made at any sitting of the Court for the court area in which the lottery is to be organised.

Form of notice

• (2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 66.3, 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 for the district in which the lottery is to be organised at least twenty-eight days before the date of hearing of the application. When service has been effected the original of the notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days before the said date of hearing.

Order of Court

• (4) Where the application is granted the licence shall be in accordance with Form 66.4, Schedule C.

Venue Appeal against refusal to grant permit

4. (1) An appeal from the refusal of a Superintendent of the Garda Síochána to grant a permit for the promotion of a lottery pursuant to section 27 of the Act may be brought at any sitting of the Court for the court area wherein the appellant resides.

Notice of appeal

• (2) Such appeal shall be preceded by the issue and service of a notice in the appropriate form (Form 66.5, Schedule C) signed by the appellant or solicitor for the appellant.

Service and lodgment of notice

• (3) Such notice shall be served upon the Superintendent of the Garda Síochána concerned at least seven days before the date of the sitting of the Court at which the appeal is to be heard. When service has been effected the original of the notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of the said sitting.

• (4) The Superintendent shall lodge with the Clerk at least 48 hours before the sitting a copy of the application for the permit and a copy of the decision from which the appeal is being brought.

Order of Court

• (5) The order of the Court hearing the appeal shall be in accordance with Form 66.6, Schedule C.

Application for search warrant

5. (1) An application for the issue of a search warrant under section 39 of the Act may be made at any sitting of the Court for the court district wherein the place or premises in respect of which the warrant is sought is situated.

— venue

— by sworn information

• (2) Such application shall be made by the information on oath and in writing (in the Form 66.7, Schedule C) of a member of the Garda Síochána not below the rank of Inspector.

Form of warrant

• (3) Where the Court grants the application, a search warrant issued on foot of such information shall be in the Form 66.8, Schedule C.

ORDER 67

GENERAL DEALERS

1. In this Order "the Act" means the General Dealers (Ireland) Act, 1903 (3 Edw. VII Ch. 44).

Venue — Application for General Dealers Licence

2. (1) An application for a General Dealer's Licence pursuant to section 1 (2) of the Act may be made at any sitting of the Court for the court area in which the premises in which it is proposed to carry on business are situate.

Form of notice

• (2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 67.1, Schedule C) signed by the applicant or solicitor for the applicant.

Service of notice

• (3) Such notice shall be served upon the Superintendent of the Garda Síochana within whose district the premises are situate at least fourteen days before the date of hearing of the application.

Lodgment of notice

• (4) When service has been effected, the original of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least seven days before the said date of hearing.

Order of Court

• (5) Where the application is granted the licence shall be in accordance with Form 57.2, Schedule C.

ORDER 68

LICENSING ACTS, 1833 to 1988

—CERTIFICATES FOR SPIRIT RETAILERS LICENCES, BEER RETAILERS LICENCES, WHOLESALE BEER DEALERS LICENCES;

—DECLARATIONS OF FITNESS UNDER SECTION 15 of THE INTOXICATING LIQUOR ACT, 1960

Venue — Off-licence applications

1. (1) An application for the grant of a certificate entitling the applicant to receive an excise licence for the sale of intoxicating liquor for consumption off the premises or for a declaration as to the fitness and convenience of proposed licensed premises may be made at any sitting of the Court for the court area in which the premises or proposed premises for which the certificate or declaration is sought are situate.

Forms of notice

• (2) Every such application shall be preceded by the issue and service of a notice in one of the Forms 68.1 to 68.4, Schedule C, as the case may be, signed by the applicant or solicitor for the applicant.

Service of notice

• (3) Such notice shall be served upon the Superintendent of the Garda Síochána within whose district the premises or proposed premises are situate at least twenty-one days before the date of hearing of the application.

Newspaper notice for spirit or beer retailer's application

• (4) Where the application is for the grant of a certificate entitling the applicant to receive a spirit retailer's licence or a beer retailer's licence, the applicant shall, at least twenty-one days before the date of the hearing of the application, cause a notice of the intended application to be published in a newspaper circulating in the place in which the premises concerned are situate.

Newspaper notice of application for declaration

• (5) Where the application is for a declaration that the premises would be fit and convenient to be licensed the applicant shall cause a notice of the intended application to be published at least twenty-one days before the date of the hearing of the application in a newspaper circulating in the place in which the premises concerned are situate.

Lodgment of notice, newspaper, etc.

• (6) When service of the notice of application has been effected, the original of the notice, together with a statutory declaration as to service thereof, a copy of the newspaper (where required) and a plan of the premises shall be lodged with the Clerk at least ten days before the date of hearing of the application.

Order of Court

• (7) Where the application is granted, the certificate or declaration shall be in accordance with one of the Forms 68.5 to 68.8, Schedule C, as the case may be.

ORDER 69

RESTAURANT CERTIFICATES AND DECLARATIONS AS TO SUITABILITY OF PREMISES

Definitions

1. In this Order—

"the Act of 1927" means the Intoxicating Liquor Act, 1927 (No. 15 of 1927);

"the Act of 1943" means the Intoxicating Liquor Act, 1943 (No. 7 of 1943);

"the Act of 1960" means the Intoxicating Liquor Act, 1960 (No. 18 of 1960);

"the Act of 1988" means the Intoxicating Liquor Act, 1988 (No. 16 of 1988).

Venue for applications

2. (1) An application for the grant of —

( a ) a restaurant certificate, pursuant to section 12 (1) of the Act of 1927,

( b ) a restaurant certificate, made by the holder of a wine retailer's on-licence pursuant to section 12 (1A) of the Act of 1927 (as inserted by section 8 of the Act of 1943),

( c ) a restaurant certificate, pursuant to section 12 (1) of the Act of 1927 as applied by section 12 (1B) of the said Act (as inserted by section 48 of the Act of 1988),

( d ) a limited restaurant certificate, pursuant to section 12A of the Act of 1927 (as inserted by section 9 of the Act of 1960), or

( e ) a declaration as to suitability of licensed premises for a restaurant certificate or limited restaurant certificate, pursuant to section 16 of the Act of 1960,

may be made at any sitting of the Court for the court area in which the premises for which the certificate or declaration is sought are situate.

Forms of notice

• (2) Every such application shall be preceded by the issue and service of a notice in one of the Forms 69.1 to 69.5 Schedule C, as the case may be, signed by the applicant or solicitor for the applicant.

Service of notice

• (3) Such notice shall be served upon the officer in charge of the Garda Síochana for the licensing area at least ten days before the date of hearing of the application and, where the application is for a declaration as to suitability of licensed premises for a restaurant certificate or limited restaurant certificate, the applicant shall also cause a copy of the plan of the premises to be deposited with the said officer.

Lodgment of notice and map

• (4) When service of the notice of application has been effected, the original of such notice, together with a map or plan of the premises, shall be lodged with the Clerk at least four days before the date of hearing of the application.

Order of Court

• (5) Where the application is granted the certificate or declaration shall be in accordance with one of the Forms 69.6 to 69.10, Schedule C, as the case may be.

ORDER 70

OBJECTIONS TO THE FIRST GRANT OF WINE RETAILERS' ON-LICENCES

Venue

1. An objection by a member of the Garda Síochána (not below the rank of Inspector) to the first grant by the Revenue Commissioners of a Wine Retailer's On-Licence, pursuant to section 14 of the Refreshment Houses (Ireland) Act, 1860 , may be made at any sitting of the Court for the court area in which the premises sought to be licensed are situate.

Notice of objection—

2. (1) Such objection shall be preceded by the issue and service of a summons in the Form 70.1, Schedule C upon the applicant for such licence at least seven days prior to the sitting of the Court before which the objection has been listed for hearing.

caveat to Collector of C & E

• (2) Upon issuing the summons for service the Clerk shall send to the Collector of Customs and Excise a notice by way of caveat in the Form 70.2, Schedule C.

• (3) When the summons has been served the original summons, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days prior to the date of the said sitting of the Court.

Order of Court

3. (1) The order of the Court on hearing the objection shall be in the Form 70.3 or 70.4, Schedule C, as appropriate. A certified copy of such order shall be sent by the Clerk to the Collector of Customs and Excise.

• (2) Where a notice of appeal against such an order is lodged with the Clerk he or she shall forthwith send notice to that effect to the Collector of Customs and Excise.

ORDER 71

SPECIAL EXEMPTION ORDERS

Venue

1. (1) Save as is hereinafter provided, an application for a special exemption order pursuant to section 5 of the Intoxicating Liquor Act, 1927 , as amended by section 12 of the Intoxicating Liquor Act, 1962 , and section 29 of the Intoxicating Liquor Act, 1988 , may be made at any sitting of the Court for the court area in which the premises for which the order is sought are situate.

Service and lodgment of notice

• (2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the licensing area in which the premises to which the application relates are situate, and a copy thereof shall be lodged with the Clerk, at least forty-eight hours before the date of hearing of the application.

Order of Court

• (3) Where the application is granted the Order shall be in accordance with Form 71.1, Schedule C.

*2. Subject to rule 3 hereof a special exemption order shall not be granted for any time on a Sunday.

†3. A special exemption order may be granted for a Sunday that is New Year's Day, New Year's Eve or St. Patrick's Day.

In certain circumstances may be granted at any sitting

4. A Judge may, where special circumstances so require, hear an application and grant such exemption order at a sitting of the Court in any court area in his or her district.

• Intoxicating Liquor Act, 1927 [s. 5 (3)].

† Intoxicating Liquor Act, 1962 [s. 12].

ORDER 72

GENERAL EXEMPTION ORDERS

Venue

1. (1) An application for a general exemption order pursuant to section 4 of the Intoxicating Liquor Act, 1927 , as amended by section 10 of the Intoxicating Liquor Act, 1960 and section 15 of the Intoxicating Liquor Act, 1962 , may be made at any sitting of the Court for the court area in which the premises for which the order is sought are situate.

• (2) Where the application is in respect of premises for which a general exemption order is in existence at the time of such application, the application shall be made at the Annual Licensing Court.

Form of notice

• (3) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 72.1 or 72.2, Schedule C, as the case may be) signed by the applicant or solicitor for the applicant.

Service of the notice

• (4) Such notice shall be served upon the officer in charge of the Garda Síochána for the area in which the premises to which the application relates are situate at least seven days before the date of hearing of the application.

Lodgment of notice

• (5) When service has been effected the original of such notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

• (6) Where the application is granted the Order shall be in accordance with Form 72.3 or 72.4, Schedule C, as the case may be.

In force to Annual Licensing Court

• *(7) Every such order shall, unless withdrawn in pursuance of subsection (6) of section 4 of the Intoxicating Liquor Act, 1927 , or expressed to expire sooner, remain in force until the next Annual Licensing Court for the court area in which the premises are situate.

Prohibited days

†2. A general exemption order shall not be granted for any time on any Sunday, St. Patrick's Day, Christmas Day or Good Friday.

• Intoxicating Liquor Act, 1960 [Sec. 10].

† Intoxicating Liquor Act, 1927 (Sec.4 (7)].

ORDER 73

EXEMPTIONS FOR SPECIAL EVENTS

Venue

1. (1) An application by the holder of a licence in respect of premises situate in any locality not in the county borough of Dublin for an exemption order in respect of a special event pursuant to section 10 of the Intoxicating Liquor Act, 1962 , may be made at any sitting of the Court for the court area in which the premises for which the order is sought are situate.

Service of notice

• (2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the locality to which the application relates at least seven days before the date of hearing of the application.

Newspaper notice

• (3) The applicant shall also cause a notice of the intended application to be published, at least seven days before such hearing, in a newspaper circulating in the locality.

Lodgment of notice, etc.

• (4) A copy of the notice of application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

• (5) Where the application is granted the Order shall be in accordance with Form 73.1, Schedule C.

Revocation

2. (1) Where an application referred to in rule 1 of this Order has been granted, a subsequent application may be made to any sitting of the Court in any court area in the district in which the original application was granted, at any time before the commencement of the period to which the original application relates, to have the same revoked.

Lodgment of Notice

• (2) Notice of the application shall be lodged with the Clerk before the date of hearing of the application.

Order of Court

• (3) The order of the Court hearing such application shall be in accordance with Form 73.2, Schedule C.

Notice to Garda Síochána

• (4) Notice of the making of such order shall be given by the Clerk to the officer in charge of the Garda Síochána for the locality to which the revoked application relates.

Form of certificate to be given by Clerk

3. The certificate required to be given by the Clerk pursuant to section 25 of the Intoxicating Liquor Act, 1962 as substituted in the 1st Schedule of the Courts (No. 2) Act, 1986 , for the purpose of applications to which rules 1 and 2 of this Order relate shall be in accordance with Form 73.3, Schedule C.

ORDER 74

EXEMPTIONS FOR LICENSED BUSINESS ON SUNDAY AFTERNOONS AND SAINT PATRICK'S DAY

Venue

1. (1) An application by the holder of a licence in respect of premises situate in any locality not in a county or other borough for an exemption order in respect of Sundays and Saint Patrick's Day between the hours of twelve o'clock and half-past twelve in the afternoon, pursuant to section 16 of the Intoxicating Liquor Act, 1962 , may be made at any sitting of the Court for the court area in which the premises for which the order is sought are situate.

• (2) Where the application is in respect of premises for which such an exemption order is in existence at the time of such application, the application shall be made at the Annual Licensing Court.

Service of notice

• (3) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the locality to which the application relates at least ten days before the date of the hearing of the application.

Newspaper notice

• (4) The applicant shall also cause a notice of the intended application to be published, at least seven days before such hearing, in a newspaper circulating in the locality.

Lodgment of notice, etc.

• (5) A copy of the notice of application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

• (6) Where the application is granted the Order shall be in accordance with Form 74.1, Schedule C.

Revocation

2. (1) Where an application referred to in rule 1 (1) or 1 (2) of this Order has been granted, a subsequent application may be made to any sitting of the Court for the court area wherein such application was granted to have the same revoked.

Service of notice

• (2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the locality to which the application relates at least ten days before the date of hearing of the application.

Newspaper Notice

• (3) The applicant shall also cause a notice of the intended application to be published, at least seven days before such hearing, in a newspaper circulating in the locality.

Lodgment of notice, etc.

• (4) A copy of the notice of application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

• (5) Where the application is granted the Order shall be in accordance with Form 74.2, Schedule C.

Form of certificate to be given by Clerk

3. The certificate required to be given by the Clerk pursuant to section 25 of the Intoxicating Liquor Act, 1962 as substituted in the 1st Schedule of the Courts (No. 2) Act, 1986 , for the purpose of an application under rule 1 of this Order shall be in accordance with Form 73. 3, Schedule C.

ORDER 75

EXEMPTIONS FOR UNLICENSED BUSINESS ON SUNDAY MORNINGS AND SAINT PATRICK'S DAY

Venue

1. (1) An application by the holder of a licence (not being a licence granted by virtue of paragraph (2) of section 2 of the Licensing (Ireland) Act, 1902) in respect of premises situate in any locality not in a county or other borough for an exemption order to open or keep open the premises for the purpose of carrying on any business other than the sale or supply of intoxicating liquor during any one period and not exceeding forty-five minutes in duration on the mornings of Sundays and Saint Patrick's Day, pursuant to section 17 of the Intoxicating Liquor Act, 1962 , may be made at any sitting of the Court for the court area in which the premises for which the order is sought are situate.

• (2) Where the application is in respect of premises for which such an exemption order is in existence at the time of such application, the application shall be made at the Annual Licensing Court.

Service of notice

• (3) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the locality to which the application relates at least ten days before the date of hearing of the application.

Newspaper notice

• (4) The applicant shall also cause a notice of the intended application to be published, at least seven days before such hearing, in a newspaper circulating in the locality.

Lodgment of notice, etc.

• (5) A copy of the notice of application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

• (6) Where the application is granted the Order shall be in accordance with Form 75.1, Schedule C.

Revocation or amendment

2. (1) Where an application referred to in rule 1 (1) or 1 (2) of this Order has been granted, a subsequent application may be made to any sitting of the Court for the court area wherein such application was granted to have the same revoked or amended.

Service of notice

• (2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the locality to which the application relates at least ten days before the date of hearing of the application.

Newspaper notice

• (3) The applicant shall also cause a notice of the intended application to be published, at least seven days before such hearing, in a newspaper circulating in the locality.

Lodgment of notice, etc.

• (4) A copy of the notice of application, together with a statutory declaration as to service thereof and a copy of the newspaper, shall be lodged with the Clerk at least four days before the date of such hearing.

Order of Court

• (5) Where the application is granted the Order shall be in accordance with Form 75.2, Schedule C.

Form of certificate to be given by Clerk

3. The certificate required to be given by the Clerk pursuant to section 25 of the Intoxicating Liquor Act, 1962 as substituted in the 1st Schedule of the Courts (No. 2) Act, 1986 , for the purpose of an application under rule 1 of this Order shall be in accordance with Form 73.3, Schedule C.

ORDER 76

OCCASIONAL LICENCES

Venue

1. (1) Save as is hereinafter provided, an application for an occasional licence, pursuant to section 11 of the Intoxicating Liquor Act, 1962 (as amended) may be made at any sitting of the Court for the court area in which the place to which the application relates is situate.

Service and lodgment of notice

• (2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the locality to which the application relates and a copy thereof, endorsed as to service, shall be lodged with the Clerk at least forty-eight hours before the date of hearing of the application.

Order of Court

• (3) Where the application is granted the licence shall be in accordance with Form 76.1, Schedule C.

Hours

*2. An occasional licence shall not be granted for any time after the hour of ten o'clock in the evening or before the hour of eight o'clock in the morning unless the event to which the licence relates is a dinner or dance.

Prohibited days

†3. An occasional licence shall not be granted in respect of any Sunday, Christmas Day or Good Friday.

In certain cases may be granted at any sitting

4. A Judge may, where special circumstances so require, hear an application and grant such occasional licence at a sitting of the Court in any court area in his or her district.

• Intoxicating Liquor Act, 1962 (s. 11 (10)].

† Intoxicating Liquor Act, 1962 (s. 11 (5)].

ORDER 77

AD-INTERIM TRANSFERS OF LICENCES

Venue

1. (1) An application by any person for the temporary transfer of a licence upon the death of any person duly licensed to sell intoxicating liquors by retail for consumption on or off the premises or upon the removal of any such person from the house or premises at which he or she is authorised by licence to sell such liquors, or upon the sale or assignment of his or her interest therein by operation of law or otherwise, pursuant to section 1 of the Public Houses (Ireland) Act, 1855 (as extended to off-licences by section 29 of the Intoxicating Liquor Act, 1960 ) may be made at any sitting of the Court for the court area in which the premises to which the application relates are situate.

Service and lodgment of notice

• (2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the licensing area in which the premises to which the application relates are situate and a copy thereof, endorsed as to service, shall be lodged with the Clerk at least forty-eight hours before the date of hearing of the application.

Form of endorsement

• (3) The endorsement of transfer by the Court on the licence shall be in accordance with Form 77.1, Schedule C.

Endorsement on certified copy of licence or receipt

• (4) Where the Court so directs, the requirement of endorsement of the transfer on the licence may be complied with by endorsement on a certified copy thereof, or on a certified copy of the receipt showing the payment of the current licence duty, or may be dispensed with if the Court is satisfied that the licence is being wrongfully withheld from the person entitled to possession thereof.

Power to trade until Annual Licensing Court

• (5) Such transfer shall operate to authorise the person to whom the licence is transferred to carry on in the premises to which the licence relates the business authorised by the licence until the date of the sitting of the Annual Licensing Court in the court area in which the premises are situate held next after the expiration of one month from the date of the transfer.

Extension of power to temporarily transfer licence

2. (1) The power conferred on the Court under the Licensing Acts to transfer temporarily an on-licence or an off-licence upon the death of the holder of the licence shall, pursuant to section 34 of the Intoxicating Liquor Act, 1962 , include power to transfer the licence to any person (being a person approved of by the Court and not disqualified by law) nominated by the executor or administrator of the holder or, if there is no executor or administrator, by any person having an interest in the premises to which the licence relates.

To trade until Annual Licensing Court

• (2) Such transfer shall operate to authorise the person to whom the licence is transferred to carry on in the premises to which the licence relates the business authorised by the licence until the date of the sitting of the Annual Licensing Court in the court area in which the premises are situate held next after the expiration of one month from the date of the transfer or, if the Court should then or on any subsequent application to it, think fit so to order, until the sitting of such Annual Licensing Court in the year or in the second year (as the Court may think fit to order) after the sitting aforesaid.

Power to transfer to another person

• (3) Where the licence has been transferred, such licence may, on the application by the nominator of the transferee to the Court at any sitting thereof for the court area within which the premises are situate, be transferred by endorsement made by the Court on the licence or, if the licence is not available, on a copy thereof, to such other person (being a person approved of by the Court and not disqualified by law) as the nominator may nominate.

Temporary transfer or renewal of licences for reasons other than death, etc.

3. (1) An application by any person for the temporary transfer of, or for a certificate for the renewal of a licence pursuant to section 30 of the Intoxicating Liquor Act, 1960 in cases where the holder of such licence ceases, for any reason other than death, transfer of the premises or forfeiture of the licence, to carry on the business authorised by the licence and, if such holder is ordinarily resident in the State, either ceases to be so resident or cannot be found, may be made at any sitting of the Court for the court area in which the premises to which the application relates are situate.

Form of notice

• (2) Such application shall be preceded by the issue and service of a notice in the appropriate form (Form 77.2 or 77.3, Schedule C) signed by the applicant or solicitor for the applicant.

Service and lodgment of notice

• (3) Such notice shall be served upon the officer in charge of the Garda Síochána for the area in which the premises to which the application relates are situate and a copy thereof, endorsed as to service, shall be lodged with the Clerk at least forty-eight hours before the date of hearing of the application.

Form of endorsement

• (4) The endorsement of transfer by the Court on the licence shall be in accordance with Form 77.4, Schedule C, and the provisions contained in the Licensing Acts regarding temporary transfer of licences as set out in rules 1 (4) and 1 (5) of this Order shall apply.

Form of renewal certificate

• (5) Where the licence has expired and the application is made within one year after such expiry, the renewal certificate, if granted by the Court, shall be in accordance with Form 77.5, Schedule C.

ORDER 78

TRANSFERS OF LICENCES HELD BY NOMINEES

Venue

1. (1) An application by a body corporate for the transfer of a licence held by a nominee, pursuant to section 28 of the Intoxicating Liquor Act, 1960 , may be made at any sitting of the Court for the court area wherein the premises to which the application relates are situate.

Service and lodgment of notice

• (2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the licensing area in which the premises to which the application relates are situate and a copy thereof, endorsed as to service, shall be lodged with the Clerk at least forty-eight hours before the date of hearing of the application.

Form of endorsement

• (3) The endorsement of transfer by the Court on the licence shall be in accordance with Form 78.1, Schedule C.

ORDER 79

CERTIFICATES OF TRANSFER

Venue

1. (1) An application for a certificate of transfer of an on-licence or an off-licence for the sale of intoxicating liquor shall be made at the Annual Licensing Court for the court area in which the premises to which the application relates are situate.

Service of notice

• (2) Notice of the application shall be served upon the officer in charge of the Garda Síochána for the licensing area within which the premises are situated at least twenty-one days before the date of the Annual Licensing Court.

Newspaper notice

• (3) The applicant shall also cause notice of the intended application to be published at least twenty-one days before the date of such Annual Licensing Court in a newspaper circulating in the district in which is situate the premises to which such application relates.

Lodgment of notice etc.

• (4) 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 for retention by him or her, at least seven days before the date of such Annual Licensing Court.

Applicant to attend in person

2. The applicant shall attend in person (unless the Court is satisfied that there is good reason for his or her non-attendance) at the Annual Licensing Court and present himself or herself for examination as to his or her general character, possession of the premises, and any other questions which the Court may think fit to put to the said applicant.

3. The applicant shall produce in Court any document upon which he or she grounds the application.

Grant of certificate subject to production of documents

4. Where the applicant has not at the time obtained or is for any other reason unable to produce any document upon which he or she relies, the Court may grant such application subject to the subsequent production of such document. The appropriate certificate shall not be given to such applicant until such document is produced.

Order of Court

5. Where the application is granted the certificate shall be in accordance with Form 79.1, Schedule C.

ORDER 80

OBJECTIONS TO RENEWAL OF INTOXICATING LIQUOR LICENCES, FORMS OF RENEWAL CERTIFICATE, RECORDING RENEWALS OF LICENCES

Definitions

1. In this Order—

"the Act of 1986" means the Courts (No. 2) Act, 1986 (No. 26 of 1986);

"the Act of 1988" means the Intoxicating Liquor Act, 1988 (No. 16 of 1988).

Venue

2. (1) Subject to the provisions of paragraph (2) of this rule, where an objection is made under section 4 (6) of the Act of 1986 to the renewal of—

( a ) an on-licence for the sale of intoxicating liquor,

( b ) a special restaurant licence granted under Part II of the Act of 1988, or

( c ) a licence or licences for the sale of spirits or beer in retail quantities for consumption off the premises where sold,

it shall be made at the Annual Licensing Court for the court area wherein the premises to which the objection relates are situate.

• (2) Where the objection is made to the renewal of a wholesale beer dealer's licence or any other off-licence which, by virtue of section 49 of the Finance (1909-10) Act, 1910 , expires on the thirtieth day of June each year, such objection may be made at the last sitting of the Court for the transaction of summary business in the month of June for the court area wherein the premises to which the objection relates are situate, or at the first available sitting of the Court thereafter.

Notice of objection

3. (1) Such objection shall be preceded by the issue and service of a notice in the Form 80.1, Schedule C, signed by the objector or solicitor for the objector.

• (2) The notice shall be served upon the holder of the licence or licences attached to the premises to which the objection relates at least twenty-one days before the date of sitting of the said Annual Licensing Court or other sitting of the Court before which the objection has been listed for hearing. When service has been effected the original notice, together with a statutory declaration as to service thereof, shall be lodged with the Clerk as soon as possible but not later than seven days before the date of the said sitting.

Clerk to notify Collector of C & E, etc.

4. Upon receipt of the notice of objection the Clerk shall forthwith notify (in the Form 80.2, Schedule C) the Collector of Customs and Excise for the district in which the said premises are situate accordingly and, where the objector is not a member of the Garda Síochána, the Clerk shall also notify the Superintendent of the Garda Síochána for the area.

Order of the Court

5. (1) The order of the Court on hearing the objection shall be in the Form 80.3, Schedule C.

Clerk — to send copy to Collector C & E

• (2) Where the Court allows the objection and no notice of appeal against such order is lodged with the Clerk within the time prescribed in that behalf the Clerk shall send to the Collector of Customs and Excise a certified copy of the order of the Court.

— to send a renewal cert. (or copy) to Collector

• (3) Where the Court disallows the objection and no notice of appeal against such order is lodged with the Clerk within the time prescribed in that behalf the Clerk shall forthwith send to the Collector of Customs and Excise a certificate for the renewal of the licence in the Form 80. 4, Schedule C. (or copy thereof).

— to notify Collector in cases of appeal

6. Where notice of an appeal against any order of the Court to which this Order relates is at any time lodged with the Clerk, such Clerk shall forthwith send notice to this effect to the Collector of Customs and Excise.

Mode of service

7. Documents which are required by this Order to be sent to the Collector of Customs and Excise may be sent by registered post or, may be delivered to the office of the said Collector where appropriate.

Forms of renewal certificate

8. The certificate to be issued for the renewal of a six-day licence or an early closing licence shall be in the Form 80.4, Schedule C. Where a certificate for renewal is granted pursuant to section 30 (1) (b) of the Intoxicating Liquor Act, 1960 such certificate shall be in the Form 77.5 Schedule C.

Recording renewals of licences

9. In every case in which a renewal of a licence within the meaning of section 4 of the Act of 1986 is granted and issued by an officer of the Revenue Commissioners and the Clerk receives from the Revenue Commissioners notice of the issue of such licence, such Clerk shall record the particulars thereof in the Register of Licences and retain the notice in his or her custody.

ORDER 81

ANNUAL LICENSING COURT