Intoxicating Liquor Act, 1927

General exemption orders.

4.—(1) The Justice of the District Court upon its being proved to his satisfaction that it is necessary or desirable so to do for the accommodation of any considerable number of persons attending any public market or fair or following any lawful trade or calling, may after hearing the officer in charge of the Gárda Síochána for the licensing area grant (if he so thinks fit) to any holder of an on-licence in respect of premises situate in the vicinity of such market or fair, or of the place where such persons follow such lawful trade or calling, an order (in this Act referred to as a general exemption order) exempting such holder from the provisions of this Act relating to prohibited hours in respect of the said premises on such days and during such times (except between the hours of one and two o'clock in the morning) and upon such terms as may be specified in such order.

(2) Every general exemption order shall contain as one of the terms thereof a condition that the holder thereof shall during every period of exemption supply on the premises to which the order relates food and non-alcholic drink at reasonable prices to any person demanding the same.

(3) The holder of a general exemption order shall, if and so long as he complies with the terms of such order, be exempt during every period of exemption from any penalty for contravention in respect of the premises to which the order relates of the provisions of this Act relating to prohibited hours but not from any other penalty under this or any other Act.

(4) The holder of a general exemption order shall during every period of exemption keep affixed in a conspicuous place on the outside of the premises to which such order relates a notice, in such form as shall be approved by the Justice of the District Court, stating the several periods of exemption specified in such order, and every holder of a general exemption order who fails to comply with the provisions of this sub-section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a penalty not exceeding five pounds.

(5) Every person who affixes or keeps affixed to his premises any notice falsely representing that he is the holder of a general exemption order or falsely stating the periods of exemption under a general exemption order of which he is the holder shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a penalty not exceeding ten pounds.

(6) The Justice of the District Court may at any time (if it seems fit to him) withdraw any general exemption order or alter the same by way of extension or otherwise as he shall deem necessary or expedient, but not so as to render any person liable to any penalty for anything done under such order before the holder thereof was informed of such withdrawal or alteration.

(7) No general exemption order shall be granted for any time on any Sunday or Saint Patrick's Day, Christmas Day or Good Friday.

(8) A general exemption order shall not be granted unless the applicant therefor has, not less than one week before making the application, served upon the officer in charge of the Gárda Síochána for the licensing area a notice of his intention to apply for the order setting out his name and address and the place, occasion and time for which the order is sought.

(9) In this section the word “holder” when used in relation to a general exemption order means the person to whom such order was granted under this section, and the expression “period of exemption” means a time during which the holder of a general exemption order is thereby exempted from the provisions of this Act relating to prohibited hours.