S.I. No. 123/1998:

DISTRICT COURT (LICENSING) RULES, 1998.

DISTRICT COURT (LICENSING) RULES, 1998.

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 17 of the Interpretation Act, 1937 [as applied by section 48 of the Courts (Supplemental Provisions) Act, 1961 ] and section 34 of the Courts (Supplemental Provisions) Act, 1961 , do hereby, with the concurrence of the Minister for Justice, Equality and Law Reform, make the following Rules of Court:--

1. These Rules may be cited as the District Court (Licensing) Rules, 1998.

2. These Rules shall come into operation on the 28th day of April 1998, and shall be read together with all other District Court Rules for the time being in force.

3. Order 77 of the District Court Rules, 1997 ( S.I. No. 93 of 1997 ) is hereby amended

(a) by the addition thereto after Rule 3 (5) of the following Rule:

"4. The Court may, where special circumstances so require, hear an application under rule 1 (1), rule 2 (3) or rule 3 (1) and grant such temporary transfer at any sitting of the Court in the District."

and the said Order 77, as so amended, appears in Schedule 1 hereto.

SCHEDULE 1

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 license 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 licences.

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.

Special circumstances.

4. The Court may, where special circumstances so require, hear an application under rule 1 (1), rule 2 (3) or rule 3 (1) and grant such temporary transfer at any sitting of the Court in the District.

GIVEN this 23rd day of February, 1998.

PETER SMITHWICK, Chairman,

JOHN GARAVAN,

JOHN P. CLIFFORD,

GILLIAN M. HUSSEY,

JOHN P. BROPHY,

DEIRDRE M. KENNEDY,

SEAN McMULLIN,

GERARD GRIFFIN,

JAMES McCORMACK.

I concur in the making of the foregoing Rules.

DATED this 27th day of April, 1998.

JOHN O'DONOGHUE,

Minister for Justice, Equality and Law Reform.

EXPLANATORY NOTE.

These Rules, which come into effect on 28th April, 1998, extend the provisions of the Licensing Rules.