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26 1986

COURTS (NO. 2) ACT, 1986

FIRST SCHEDULE

Miscellaneous Amendments

Section 9 .

Enactment

Provision

Nature of Amendment

(1)

(2)

(3)

Licensing (Ireland) Act, 1833

Section 2

The deletion of—

(a) “, twenty-one days at least before the first day of the then next general sessions of the peace to be held for the district within which the house for which such person shall desire to be licensed shall be situate,” and

(b) “, ten days at the least previous to such quarter sessions of the peace,”.

Licensing (Ireland) Act, 1855

Section 1

The substitution for “If any person shall apply for and be refused the certificate in the said Act mentioned, to entitle such person” of “If objection be raised to an application”.

The substitution for “such application” of “the certificate required before the licence can be renewed by an officer of the Revenue Commissioners”.

Beerhouses (Ireland) Act, 1864

Section 3

The deletion of—

(a) “or to grant a renewal of any such licence as aforesaid to any person applying for such renewal,”

(b) “or the renewal of a licence for the same house as shall have been licensed in the year last immediately preceding and which licence shall not have been withdrawn or annulled,” and

(c) “applying for such renewal, or of the person”.

Licensing Act, 1872

Section 82

The deletion of—

(a) “or to grant to any spirit grocer upon the expiration of his excise license a renewal of such excise license,” and

(b) “, or, in the case of a renewal, during the past year”.

Licensing Act (Ireland), 1874

Section 8

The deletion of—

(a) “renewal or” where those words first occur, and

(b) “, renewal,” where that word occurs for the second time.

Section 9

The deletion of “and of renewals of excise licenses”.

Section 10

The substitution for section 10 of the following section:

“10. Every person intending to apply for a new licence or for the transfer of a licence shall, at least 21 days before the intended application is to be heard, cause to be inserted or advertised in a newspaper circulating in the place in which the premises concerned are situate, a notice duly complying with the requirements of section 2 of the Licensing (Ireland) Act, 1833.”.

Section 14

The deletion of “not later than seven days before the holding of such session”.

Section 14

The deletion of “The justices may, notwithstanding that no notice of objection has been served, if objection is made in court, adjourn the signing of the certificate to a future day, and require the attendance of the applicant.”.

Beer Licences Regulation (Ireland) Act, 1877

Section 2

The deletion of “, or to a grant renewal of any such licence as aforesaid”.

Registration of Clubs (Ireland) Act, 1904

Section 3 (3)

The substitution for the third sentence of the following sentence:

“Such certificate so issued shall, subject to the provisions of this Act, remain in force until the annual licensing district court (within the meaning of the Intoxicating Liquor Act, 1927 ) held next after the grant of such certificate, and shall then expire.”.

Enforcement of Court Orders Act, 1926

Section 16 (1)

The deletion of “pursuant to an examination order”.

Section 17

The deletion of “in accordance with an examination order”.

Intoxicating Liquor Act, 1927

Section 8

In subsection (3), the deletion of “or renewal” and the insertion after “such certificate” of “and in every such six day licence renewed thereafter”.

Section 9

In subsection (3), the deletion of “or renewal” and the insertion after “such certificate” of “and in every such early closing licence renewed thereafeter”.

Intoxicating Liquor Act, 1927

Section 62

(a) In subsection (1), the deletion of “a certificate for” where those words first occur.

(b) In subsection (2), the deletion of “a certificate for”.

(c) In subsection (5), the deletion of “a certificate for”.

Intoxicating Liquor Act, 1960

Section 32 (1)

(a) The substitution for “to an application to the Court for the grant of a certificate under section 11 (which relates to the renewal of licences) of the Spirits (Ireland) Act, 1854,” of “to the Court pursuant to section 4 (5) (a) of the Courts (No. 2) Act, 1986 against an application to an officer of the Revenue Commissioners for the renewal of a licence”.

(b) The insertion after “the certificate” of “provided for by section 4 (7) or 4 (8) (as the case may be) of the Courts (No. 2) Act, 1986”.

Intoxicating Liquor Act, 1962

Section 25

The substitution for section 25 of the following section:

“In an application to the District Court under section 10 , 16 or 17 of this Act in relation to any Court area a certificate purporting to be signed by the District Court Clerk for that area and to certify that a list contained in it is a list of all the holders in respect of premises in that area, or the part thereof to which the application relates (as the case may be), of licences in force at the time when the list is given in evidence shall, without proof of the signature of the person purporting to sign the certificate or that he was the District Court Clerk for that area, be evidence, until the contrary is proved, of the matters certified in and by the certificate.”.

Fire Services Act, 1981

Section 24

The insertion of the following subsection:

“(2) In any case where a certificate is not required for the renewal of a licence (other than an off-licence) under the Licensing Acts, 1833 to 1986, the applicant for such renewal shall give one month's notice in writing (or such shorter period of notice as the fire authority may in the special circumstances of the case agree to accept) of the application to the fire authority in the functional area of which the premises are situated, and if the fire authority object to such application, such fire authority may appear, be heard and adduce evidence in respect of the application for a certificate provided for by section 4 (7) or 4 (8) (as the case may be) of the Courts (No. 2) Act, 1986.”.