Dáil Éireann Debate, Tuesday - 30 September 2014
270. Deputy Seán Kenny asked the Minister for Justice and Equality the position regarding licensing and late night opening of a pub in a residential area (details supplied) in Dublin 5; and if she will make a statement on the matter. [36453/14]
View answer285. Deputy Finian McGrath asked the Minister for Justice and Equality the position regarding licensing and late night closing of a club in a residential area (details supplied) in Dublin 5; and if she will make a statement on the matter. [36611/14]
View answerI propose to take Questions Nos. 270 and 285 together.
While I am not in a position as Minister for Justice and Equality to deal with any specific cases, the general position regarding extended opening hours for licensed premises is as follows.
Section 5 of the Intoxicating Liquor Act 1927, as amended, provides that the licensee of a public house may apply to the District Court for a special exemption order which permits extended opening hours for a special occasion. However, an applicant for such an order must, not less than forty eight hours before making the application, serve on the officer in charge of the Garda Síochana for the licensing area concerned a notice of intention to apply for the order which contains details of the premises, the special occasion and the extended hours in relation to which the order is being sought.
In such cases the District Court may decide to grant the special exemption order to the applicant if it thinks fit to do so having heard the officer in charge of the Garda Síochana for the licensing area concerned. However, section 5 also states that the Court shall not grant such an order in respect of any premises unless it is satisfied that the special occasion concerned will be conducted in a manner which will not cause undue inconvenience or nuisance to people residing in the locality or create an undue threat to public order or public safety in the locality. Concerned members of the public may therefore convey any concerns they may have in relation to possible undue inconvenience or nuisance arising in respect of specified premises to the officer in charge of the Garda Síochana for the licensing area concerned.
