Intoxicating Liquor Act, 2000

Amendment of section 5 (special exemption orders) of Act of 1927 and section 4 of the Public Dance Halls Act, 1935 .

5.—(1) Section 5 of the Act of 1927 is amended—

(a) in subsection (1) (as amended by section 6 of the Intoxicating Liquor Act, 1943 ), by the deletion of “for premises which are an hotel or a restaurant”,

(b) by the substitution of the following for subsection (3) (as substituted by section 29 of the Act of 1988):

“(3) A special exemption order shall expire—

(a) in case it extends to any Monday that is not a public holiday, at 1.00 a.m., or

(b) in any other case, at 2.30 a.m.,

unless the Court, for stated reasons, considers it expedient to grant the order for a shorter period.”,

(c) in subsection (5) (as inserted by section 11 of the Act of 1960 and substituted by section 12 of the Act of 1962), by the deletion in paragraph (b) of the words “being a dance at which a substantial meal (the price (if any) of which is included in the price (if any) of admission to the dance) is served to the persons attending the dance”,

(d) in subsection (6) (as inserted by section 12 of the Act of 1962), by the substitution of “twelve” for “six”,

(e) by the deletion of subsection (8) (as so inserted),

(f) by the insertion of the following subsection after subsection (9) (as so inserted):

“(10) A court shall not grant a special exemption order in respect of any premises unless it is satisfied that the special occasion mentioned in subsection (5) of this section will be conducted in a manner which will not cause undue inconvenience to persons residing in the vicinity of those premises.”.

(2) Section 4 of the Public Dance Halls Act, 1935 , is amended by the insertion of the following subsection:

“(2) Notwithstanding anything contained in subsection (1) of this section, a public dancing licence granted by virtue of this Act shall be deemed to be a licence that permits public dancing in the place to which the licence applies for a period not 0exceeding thirty minutes after any period in respect of which a special exception order (within the meaning of the Licensing Acts, 1833 to 2000) is in force in respect of that place.”.