Licensing (Combating Drug Abuse) Act, 1997

Interpretation.

1.—(1) In this Act—

“the Act of 1890” means the Public Health Acts Amendment Act, 1890 ;

“the Act of 1935” means the Public Dance Halls Act, 1935 ;

“the Act of 1977” means the Misuse of Drugs Act, 1977 ;

“controlled drug” has the same meaning as in section 2 of the Act of 1977;

“drug trafficking offence” has the same meaning as in section 3 (1) of the Criminal Justice Act, 1994 ;

“exempt person”, in relation to an unlicensed dance, means the occupier of the place where the unlicensed dance is taking place or is due to take place, any member of the occupier's family, any employee or agent of the occupier and any person whose home is situated in the place where the unlicensed dance is taking place or is due to take place;

“intoxicating liquor licence” means a licence for the sale of intoxicating liquor by retail whether granted on production or without production of a certificate of the Circuit Court or the District Court;

“the Licensing Acts” means the Licensing Acts, 1833 to 1995;

“Minister” means the Minister for Justice;

“music” includes sounds wholly or predominantly characterised by the emission of a succession of repetitive beats;

“place” has the same meaning as in section 1 of the Act of 1935 as amended by section 5 of this Act, and for the purposes of section 51 of the Act of 1890 includes a house, room, garden or other place;

“public dancing licence” has the same meaning as in section 2 of the Act of 1935;

“public music and singing licence” means any licence under section 51 of the Act of 1890;

“sound equipment” means equipment designed or adapted for amplifying music and any equipment suitable for use with such equipment;

“unlicensed dance” means a gathering of persons in any place which is open to the public and for which a public dancing licence is not in force, and which gathering a member of the Garda Síochána not below the rank of superintendent reasonably believes—

(a) the primary purpose of which is to entitle the persons attending to dance, and at which music is played (with or without intermissions), and

(b) will be an occasion for the sale, supply or distribution of any controlled drug,

and for this purpose such a gathering continues during intermissions in the music.

(2) In sections 3 and 4 and section 21 (in so far as it relates to a public dancing licence or a public music and singing licence) “licensing area” has the same meaning as in section 1 of the Act of 1935.

(3) In this Act—

(a) a reference to any enactment shall, unless the context otherwise requires, be construed as a reference to that enactment as amended or extended by or under any subsequent enactment including this Act,

(b) a reference to a section is a reference to a section of this Act unless it is indicated that reference to some other enactment is intended,

(c) a reference to a subsection, paragraph or subparagraph is a reference to the subsection, paragraph or subparagraph of the provision in which the reference occurs unless it is indicated that reference to some other provision is intended.