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Liquor Licensing Laws

Dáil Éireann Debate, Tuesday - 21 February 2012

Tuesday, 21 February 2012

Questions (494)

Seán Kenny

Question:

529 Deputy Seán Kenny asked the Minister for Justice and Equality the number of special exemption orders granted in the years 2008, 2009, 2010, 2011 and to date in 2012; the number of orders currently pending; the number of orders that have been refused in each of these years; the cost of applying for a special exemption order in each of the years; if gardaí in the district in which the special exemption order applies are given 72 hours' notice before the order comes into effect; and if he will make a statement on the matter. [9696/12]

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Written answers

The Deputy will be aware that, under the provisions of the Courts Service Act 1998, management of the courts is the responsibility of the Courts Service. The Act provides that the Service is independent in the performance of its functions, which includes the provision of statistics.

However, in order to be of assistance to the Deputy, I have had enquiries made and the Courts Service has informed me that licensing statistics are not compiled in the manner sought by the Deputy and that the data could not be extracted without a disproportionate expenditure of staff time and resources which could not be justified in the circumstances.

The number of applications for Special Exemption Orders for the years 2008, 2009 and 2010 are as set out in the table below:

2008

2009

2010

No. of applications

78,711

64,011

64,878

While the final figures for 2011 are not yet to hand, the Courts Service has indicated that it anticipates that the total number of applications in 2011 will be less than the 2010 figure. I am also informed that there are no figures currently available for 2012.

The fee for an application for a special exemption order increased from €100 to €300 with effect from 7th July 2008 which was the first such increase since 2004. The fee has remained at €300 since then.

It is a matter for an applicant to notify the Gardaí of an intention to apply for a special exemption order at least 48 hours before the application is made to the Court. This notice must set out details of the date and time for which the order is being sought. I intend to consider whether the current 48-hour notice period is sufficient for Garda purposes in the context of the forthcoming Sale of Alcohol Bill.

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