The Gazette 1977

GAZETTE

AUGUST/SEPTEMBER

Happenings in the Licensing Courts From time immemorial until the mind of man runneth not to the contrary and until the matter came before District Justice Donnelly, it was accepted that if a Special Event continued for a period in excess of three days, one could and did with regularity, apply for successive Occasional Licences to ensure that adequate supplies of intoxicating liquor were available to the attendants of the special event. However, when Aer Lingus Teoranta made application for two successive Licences to District Justice Donnelly in February, 1977, on the occasion of a Boat Show being held at the Simmonscourt Extension of the R.D.S., the learned District Justice looked into Section 11 of the Intoxicating Liquor Act, 1962, and his Judgment was a bombshell that sent applicants, Aer Lingus Teoranta, supported and aided and abetted by the Federation of Marine Industries, the Royal Dublin Society and Bord Failte Eireann, rocketing to the High Court on a Mandamus application. The learned District Justice said he had no jurisdiction under Section 11 to grant more than one Occasional Licence for one event. The matter foremost in everybody's mind was how could such events as the Boat Show, the Spring Show, the Horse Show, Galway Races and Tralee Festival, possibly succeed as financial enterprises and tourist attractions if intoxicating liquor could not be readily available at all times to all who attended. The matter came before Judge Hamilton in the High Court, and after lengthy legal submissions, citing Case Law and Statutes, dating back to 1862, Mr. Justice Hamilton, in delivering his Judgment, endorsed District Justice Donnelly's view and said that Section 11 of the 1962 Act was clear and implicit, only one Occasional Licence could be granted for each special event, and no Occasional Licence can exceed a period of three days. This decision was recognised in both Houses of the Oireachtas as having such far reaching effects that the wheels of amending legislation were oiled and put into immediate motion, and in April, 1977, the Intoxicating Liquor Act, 1977, came into being. The position now is that only one Occasional Licence can be granted per special event, but no Occasional Licence can exceed a period of six days. It is ironic to note that legislation can be enacted within a period of weeks to ensure the drinking habits of the populace are not interfered with, while many other Bills, particularly within the Family Law field, are on the "waiting list" for years. During the months of April and May. Solicitors acting for clients who made application to Court No. 1 Morgan Place for Club authorisations pursuant to Section 21 of the Intoxicating Liquor Act, 1924, as amended by Section 8 of the Intoxicating Liquor Act, 1972, were sent into a flurry of activity when the learned District Justice said that the granting of a Club authorisation extending the hours during which excisable liquor could be sold was an extension only to members of the Club. This begged the question as to whether or not non-members of the Club could even be on the premises on such occasions. As the majority of such applications were for Rugby Clubs and Golf Clubs, which do not admit full lady members, the female members of the profession who lined the benches of Court No. 1 Morgan Place, were deeply concerned at the implications of the District Justice's opinion, in case their social outings after 11 p.m. into the all-male preserve would be terminated. However, the learned District Justice, having patiently heard a lot of legal argument on

the point, allowed common sense to prevail, and held that on the hearing of such applications he would not anticipate breaches of the Licensing Laws.

AUTUMN SEMINAR

If you have booked into Bundoran for the Autumn Seminar you have unfortunately booked into the wrong place. Although we indicated in the July is- sue of the Gazette that Bundoran would be the venue for the Seminar it did not prove altogether suitable for our requirements and we decided to opt for Sligo instead. The Autumn Seminar is now scheduled to take place on the weekend of 1 5th/16th October at the Sligo Pork Hotel, Sligo. To those who tried to beat the rush and are now assured of a place in Bundoran —sorry! The topic for the Seminar will be Motorists Liability, Damages and Professional Negligence and it is intended to cover the areas of litigation with which the general practitioner will normally be con- cerned. The programme for the Seminar is as follows:— Saturday, 15th October 9.30 a.m. Registration. 10.00 a.m. Processing of Motor Accident and Fac- tory Accident Claims. Speaker: Henry Comerford, Solicitor. 11.00 a.m. Discussion. 11.30 a.m. Actuarial Assessment of Damages. Speaker: Peter Delaney F.I.A. 12.30 p.m. Discussion. 2.30 p.m. Defence of Road Traffic Acts Offences. Speaker: Kevin Haugh, B.L. 3.30 p.m. Discussion. 8.30 p.m. Banquet and Dance. Sunday, 16th October 11.00 a.m. Professional Negligence. Speaker: Brian McCracken, S.C. 12.00 p.m. Discussion.

All Lectures will be held in The Conference Area of the Sligo Park Hotel

RATISt

Friday night to Sunday lunch

£20.00.

Registration fee

£4.00.

Train departs Houston Station Dublin: Friday, 14th October at 18.2S hrs. Departs Sligo: Sunday, 16th October at 18 . 30 hrs. Special return fare: £S.OO. Alternative accommodation will be available in the event of there being insufficient accommodation at the Sligo Park Hotel. 133