\u00a0<\/strong>The Act applied to any licensed premises or club where intoxicating liquor is sold or supplied for consumption on the premises.<\/p>\nA Garda S\u00edoch\u00e1na has the power to enter relevant premises in relation to any powers under this Act or under the relevant provisions of the Health Act 1947. Preventing or obstructing a Garda from entry to the premises is a criminal offence.<\/p>\n
Where a person in charge of a premises supplying or serving alcohol does not comply with a direction from a Garda to comply with a penal provision of a Covid-19 regulation made under the Health Act 1947, an immediate closure order can be issued by a Garda of superintendent rank or higher closing that premises for the remainder of the day.<\/p>\n
Where there is a continuous or repeated failure or refusal to comply with a direction from a Garda in relation to a particular premises, a Garda of superintendent rank or higher can make an ex-parte <\/em>application to the District Court for an emergency closure order for up to three days. The District Court has the power to adjourn the hearing and notify the licensee of the application. On application to it, the District Court can also discharge an Order where the licensee proves that any direction is being complied with or gives an undertaking that the relevant Covid-19 regulations made under the Health Act 1947 will be complied with.<\/p>\n<\/span>Compliance Notice<\/span><\/h3>\nA Garda of superintendent rank or higher may issue a compliance notice to a licensee of a premises where an immediate closure order has been made or where the specified person has failed or refused to comply with a direction from a Garda. The compliance notice will identify the provisions that are not being complied with and require immediate compliance with the Covid-19 regulations made under the Health Act 1947. The notice informs the person that failure to comply may result in an application to the District Court for a temporary closure order and may result in an objection to the renewal of a licence (or a certificate in the case of a club).<\/p>\n
A Garda of superintendent rank or higher may apply to the District Court for a temporary closure order where he or she is of the opinion there has been a failure to comply with a compliance order and that such failure is likely to continue or to recur. This application is made on notice to the licensee. The penalty for a first temporary closure order shall be the closure of the premises for up to 7 days. The penalty for a second or subsequent temporary closure order is the closure of the premises for up to 30 days. The Court may consider any mitigating circumstances and any undertakings related to future compliance. The Court has the power to suspend an order and to restore it, as appropriate.<\/p>\n
Where a premises is closed due to an emergency closure order or a temporary closure order, a notice must be affixed to the outside of the premises. Failure to affix a notice will be an offence.<\/p>\n
There is an appeal to the District Court in relation to a compliance notice. A decision of the District Court under this section can be appealed to the Circuit Court. There is an appeal to the Circuit Court against a temporary closure order.<\/p>\n
There are various grounds for objection to the renewal of a licence. and the renewal of a club certificate of registration.<\/p>\n
<\/span>Regulations<\/span><\/h3>\nThe Minister was granted further regulation-making power for the Minister for Health to prescribe certain relevant COVID-19 regulations for the purpose of enforcement measures under this Act. Before making such regulations, the Minister for Health must consult the Minister for Justice and Equality.<\/p>\n
The Minister may, in respect of a provision of a regulation that is stated to be a penal provision, prescribe such provision to be a relevant provision for the purposes of the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 and, where he or she does so, the provision so prescribed shall be enforceable under and in accordance with that Act.<\/p>\n
When prescribing a provision of a regulation the Minister shall, have regard to\u2014<\/p>\n
\n- the risks with regard to the spread of Covid-19 associated with gatherings of persons and, in particular, where such gatherings are connected with the consumption of intoxicating liquor,<\/li>\n
- the need to take such additional protective measures as are practicable in order to mitigate those risks and to prevent, limit, minimise or slow the spread of Covid-19 in an effective manner,<\/li>\n
- the extent to which the additional enforcement measures provided for in the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 could assist in mitigating those risks and preventing, limiting, minimising or slowing the spread of Covid-19 in an effective manner, and<\/li>\n
- the need to take additional protective measures to assist and support the State\u2019s efforts to promote and maintain the normal functioning of society, to protect the gradual re-opening of society and, to the greatest extent possible, to avoid the imposition or re-imposition of restrictions thereon.<\/li>\n<\/ul>\n
<\/span>Quarantine<\/span><\/h3>\nThe purpose of the\u00a0 Health (Amendment) Act 2021 is<\/p>\n