Civil Law (Miscellaneous Provisions) Act 2021

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Number 14 of 2021


CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2021


CONTENTS

1. Definitions

2. Temporary licensing of outdoor seating area

3. Direction of member of Garda Síochána

4. Application of Act of 2020 to outdoor seating area in respect of certain enactments and authorisation

5. Extension of application of Act of 2020 to outdoor seating area

6. Application of Criminal Justice (Public Order) Act 1994

7. Regulations

8. Number of ordinary judges of High Court

9. Short title, collective citation, commencement and operation


Acts Referred to

Courts (No. 2) Act 1986 (No. 26)

Courts (Supplemental Provisions) Acts 1961 to 2019

Courts Act 2015 (No. 51)

Courts and Court Officers Act 1995 (No. 31)

Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 (No. 14)

Criminal Justice (Public Order) Act 1994 (No. 2)

Health Act 1947 (No. 28)

Health and Criminal Justice (Covid-19) (Amendment) Act 2021 (No. 12)

Interpretation Act 2005 (No. 23)

Licensing Acts 1833 to 2018

Planning and Development Act 2000 (No. 30)

Planning and Development Acts 2000 to 2021

Registration of Clubs (Ireland) Act 1904 (4 Edw. 7, c. 9)

Registration of Clubs Acts 1904 to 2008

Roads Act 1993 (No. 14)

State Property Act 1954 (No. 25)

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Number 14 of 2021


CIVIL LAW (MISCELLANEOUS PROVISIONS) ACT 2021


An Act to-

A. make provision, on a temporary basis, for the sale or supply of intoxicating liquor in certain circumstances in seating areas located outside licensed premises in order to allow, in the public interest and having regard to the manifest and grave risk to human life and public health posed by the spread of the disease known as Covid-19, the businesses of licensees of such premises to operate in a manner that mitigates the spread of that disease; to provide for the application of certain enactments to those outdoor seating areas; to provide for additional enforcement measures in respect of those outdoor seating areas to ensure compliance with those enactments; to provide for additional bases for objection to renewal of licences and, in the case of clubs, certificates of registration, in respect of such premises, and provide for related matters, and

B. provide for an increase in the number of ordinary judges of the High Court and, for that purpose, to amend the Courts and Court Officers Act 1995 , and provide for related matters.

In relation to paragraph A of the foregoing:

WHEREAS an emergency has arisen and continues in the State by virtue of the spread of the disease known as Covid-19;

AND WHEREAS the State is and its citizens are, in significant respects, highly exposed to the effect of the spread of that disease;

AND WHEREAS the State, having regard to the need to preserve and protect public health, has introduced a range of extraordinary measures and safeguards to prevent, minimise, limit or reduce the risk of persons being infected with that disease;

AND WHEREAS the emergency that has arisen and continues is of such a character that for compelling reasons of public interest and for the common good, to assist and support the State’s efforts to promote and maintain the normal functioning of society, to protect the gradual reopening of society and, to the greatest extent possible, to avoid the imposition or re-imposition of restrictions thereon, it is necessary, in order to allow the businesses of licensees of licensed premises to operate in a manner that mitigates the spread of that disease, to provide in this Act for the sale or supply of intoxicating liquor, subject to the application of certain enactments to such areas and additional powers of enforcement of those enactments, in certain circumstances in seating areas located outside such premises;

[2nd July, 2021]

Be it enacted by the Oireachtas as follows: