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Enforcement

District Court Rules

Order 96A

Food safety

: S.I. No. 700 of 2004

1. In this Order-

“the Act” means the Food Safety Authority of Ireland Act 1998 (No. 45 of 1998);

the expressions “authorised officer”, “Authority”, “improvement notice”, and “official agency” shall have the meanings given to each of them by the Act.

2(1). An application by or on behalf of the Authority or an official agency for an improvement order pursuant to sub-section (4) of Section 52 of the Act may be made to any sitting of the Court for the court district in which are situated the premises which are the subject of an improvement notice served on a proprietor or person in charge of a premises pursuant to sub-section (1) of Section 52 of the Act.

(2). Such application shall be by notice of application in the Form 96A.1, Schedule C and shall be served on or given to the proprietor or person in charge of the premises by the applicant not later than seven days before the date of the sitting for which the application is returnable. Such notice may be served or given –

(a) by addressing it to the proprietor or person in charge of the premises by name and delivering it to him or her,

(b) by leaving it at the address at which the proprietor or person in charge of the premises ordinarily resides or carries on business,

(c) by sending it by post in a prepaid registered letter addressed to the proprietor or person in charge of the premises at the address at which he or she ordinarily resides or carries on business,

(d) if an address for the service of notices has been furnished by the proprietor or person in charge of the premises, by leaving it at, or sending it by prepaid registered post addressed to him or her to that address,

(e) where the address at which the proprietor or person in charge of the premises ordinarily resides or carries on business cannot be ascertained by reasonable inquiry, by delivering it to a person over the age of 16 years resident in or employed on the premises, or by affixing it in a conspicuous position on or near the premises, or

(f) where there is a facility for receiving a facsimile of the notice by electronic means at the address at which the proprietor or person in charge of the premises ordinarily resides or carries on business, by transmitting a facsimile of the notice by such means to that address, provided that the notice is also served or given in any of the other ways referred to in this sub-rule.

(3). The original notice, together with a statutory declaration as to service thereof shall be lodged with the Clerk at least two days before the said date of hearing.

(4). An order made pursuant to sub-section (4) of Section 52 of the Act on such application shall be in the Form 96A.2, Schedule C.

Orders concerning retail premises

… Criminal Justice (Public Order) Act 2003 … Criminal Justice (Psychoactive Substances) Act 2010 : S.I. No. 536 of 2011

1. In this Order:

“the Act of 2003” means the Criminal Justice (Public Order) Act 2003 (No. 16 of 2003);

“the Act of 2010” means the Criminal Justice (Psychoactive Substances) Act 2010 (No. 22 of 2010);

“closure order” has the meaning given to it by section 2 of the Act of 2003;

“prohibition order” means an order under section 8 of the Act of 2010.

Criminal Justice (Public Order) Act 2003

2. An application pursuant to section 4 of the Act of 2003 for a closure order may be made at any sitting of the Court for the court district in which:

(i) in the case of a food stall or food vehicle, the stall or vehicle is used for the sale of food or is kept when not being so used, or

(ii) in the case of any other catering premises, the catering premises are situated.

3. Notice of an application for a closure order shall be in the Form 96B.1, Schedule C and there shall be attached to such notice a copy of the notice in writing which was served in accordance with section 4(2) of the Act of 2003. A copy of the notice of application shall be served upon the licensee or manager of the catering premises concerned not later than seven days before the date fixed for the hearing of the application. The original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The Court may adjourn the hearing of such application and direct service of notice of the application upon such persons as the Court may direct. A closure order shall be in the Form 96B.2, Schedule C.

4. An application pursuant to section 7 of the Act of 2003 for an order extending a closure order may be made at any sitting of the Court for the court district in which the closure order was made. Save where the Court otherwise directs or permits, such an application shall be preceded by the issue of a notice of application in the Form 96B.3, Schedule C. A copy of the notice of application shall be served upon the licensee or manager of the catering premises concerned not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. Where the Court makes an order extending the closure order, including where the Court makes any variation in the terms of the closure order, the period of such extension and the terms of any such variation may be indorsed upon the closure order and re-signed by the Judge.

Criminal Justice (Psychoactive Substances) Act 2010

5. An application pursuant to section 8 of the Act of 2010 for a prohibition order may be made at any sitting (including a sitting to which section 8(11) of the Act of 2010 applies) of the Court for the court district in which:

(i) the person who is the subject of the prohibition notice concerned ordinarily resides or carries on any profession, business or occupation, or

(ii) any structure, stall or vehicle to which the prohibition notice relates is located or used, or

(iii) any such structure, stall or vehicle is kept when not in use.

6. Notice of an application for a prohibition order shall be in the Form 96B.4, Schedule C and there shall be attached to such notice a copy of the prohibition notice which was served in accordance with section 7 of the Act of 2010. A copy of the notice of application shall be served upon the person who is the subject of the prohibition notice concerned (in this rule, the “respondent”) not later than seven days before the date fixed for the hearing of the application. The original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The Court may adjourn the hearing of such application and direct service of notice of the application upon such persons as the Court may direct in accordance with section 8(2) of the Act of 2010. A prohibition order shall be in the Form 96B.5, Schedule C. The applicant shall serve a copy of the order on the respondent. Where a prohibition order specifies any premises to which the order relates, and the owner of the premises is not the respondent, the applicant shall, where practicable, cause a copy of the prohibition order to be served by registered post on the owner of the premises concerned.

7. An application pursuant to section 9(1) of the Act of 2010 for an order varying a prohibition order may be made at any sitting of the Court for the court district in which the prohibition order was made. Save where the Court otherwise directs or permits, such an application shall be preceded by the issue of a notice of application in the Form 96B.6, Schedule C. A copy of the notice of application (with a copy of the prohibition order appended, where the person applying is in possession of a copy of that order) shall be served upon the member of the Garda Síochána who applied for the prohibition order concerned not later than four days before the date fixed for the hearing of the application, and the original notice of application shall be lodged with the Clerk not later than two days before the date fixed for the hearing of the application. The member shall produce the prohibition order or a true copy at the hearing. Where the Court makes an order varying the prohibition order, the order shall be in the Form 96B.7.”

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