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Liquor Licensing Laws

Dáil Éireann Debate, Tuesday - 24 April 2012

Tuesday, 24 April 2012

Ceisteanna (494)

Seán Kenny

Ceist:

586 Deputy Seán Kenny asked the Minister for Justice and Equality the number of nightclubs and late night bars in the Dublin region that had a special exemption licence to serve alcohol until 4 a.m in each of the years 2009, 2010, 2011 and to date in 2012; the criteria required to obtain such a licence; and if he will make a statement on the matter. [20159/12]

Amharc ar fhreagra

Freagraí scríofa

Under section 5 of the Intoxicating Liquor Act 1927 (as amended), holders of an on-licence or theatre licence may apply to the District Court for special exemption orders which permit extended opening hours for special occasions. A licensee applying for a special exemption order must serve on the officer in charge of the Garda Síochána for the licensing area concerned a notice of intention to apply for the order at least forty-eight hours before making the application. The District Court may grant the order if it thinks fit to do so having heard the officer concerned but shall not grant an order unless it is satisfied that the special occasion concerned will be conducted in a manner that will not cause undue inconvenience or nuisance to persons residing in the locality or create an undue risk of public disorder there.

Section 5(5) of the 1927 Act provides that a special exemption order shall expire at 2.30 a.m. (1.00 a.m. where it extends to a Monday that is not a public holiday) unless the Court, for stated reasons, grants the order for a shorter period. Section 7 of the Intoxicating Liquor Act 1962 (as amended) allows a further thirty minutes drinking-up time.

I have been informed by the Courts Service that the number of special exemption orders granted in the Dublin area in each of the last three years is as follows: 2009 — 23,343; 2010 — 26,961; 2011 — 20,049.

Details of the number of orders issued to-date in 2012 are not available.

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