Eugene Regan (Fine Gael)

I move amendment No. 12a.

In page 15, before section 17, to insert the following new section:

"17.—(1) (a) On the occasion of an application to the Court, an applicant may request the Court to certify that a premises to which a public house license or a theatre license is attached is a nightclub for the purposes of this Act and to issue a permit to that effect,

(b) an application made under paragraph (a) above shall be made not less than 14 days after the service of a notice by or on behalf of the applicant stating the applicant's intention to apply for such a permit.

(2) (a) The Court shall not designate a nightclub permit to any premises under subsection (1) above unless it complies with the following additional conditions—

(i) the premises shall only operate for business between the hours of 10 p.m. and 4 a.m.,

(ii) an admission price shall be charged at a designated cash desk subsequent to passing a security desk and prior to entry into the premises and which operates a numbered ticketing system which must be available for inspection by the Fire Services and/or the Gardaí Síochána,

(iii) the premises shall provide entertainment through music and dancing and shall have an area reserved solely for dancing which must consist not less than 20 per cent of the gross public area of the nightclub,

(iv) there shall be public liability insurance cover of a figure to be specified by the Minister in regulations attached to the premises,

(v) the premises shall have at least two security persons on front door security duty with an additional one security person inside the premises for every 100 patrons present,

(vi) the premises shall not admit any persons to the premises after the hour of 2.30 a.m.,

(b) without prejudice to paragraph (a)(i) above, the court may at its discretion attach to the issue of a nightclub permit the condition that the premises close at a time earlier that 4 a.m.,

(c) in making any such determination under paragraph (b) above the Court shall take into consideration the desirability of sequential closing in the immediate district of the premises in respect of which an application under subsection (1) is being made,

(d) the Court shall give a statement of its reasons for any determination made under paragraph (b) above.

(3) When granting a nightclub permit the Court, having regard to the opinion of a suitably qualified person, shall specify the maximum occupancy level for the premises to which the permit relates.

(4) (a) The holder of a nightclub permit shall cause such permit to be displayed in a conspicuous place on the premises to which it relates.

(b) Failure to comply with paragraph (a) shall be an offence and the holder of the nightclub permit who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding:

(i) €500 for a first offence;

(ii) €1,500 for a second or subsequent offence.

(5) A holder of a nightclub permit who permits the maximum occupancy level specified under subsection (3) above to be exceeded on any occasion shall be guilty of an offence and liable on summary conviction to a fine not exceeding:

(a) €3,000 for a first offence;

(b) €10,000 for a second or subsequent offence.

(6) The officer in charge of the Garda Síochána may object to the application and may appear and give evidence on the hearing of an application under this section.

(7) Every nightclub permit shall, unless sooner revoked under this section, remain in force until the next annual licensing district court for the licensing area.

(8) A Judge of the District Court may, on the application of the officer in charge of the Garda Síochána for the licensing area, at any time revoke a nightclub permit if he is satisfied that the holder of such permit has contravened any of the conditions attached to the granting of the nightclub permit.

(9) Whenever the Justice of the District Court shall refuse an application for a renewal of any permit under this section the applicant may lawfully appeal against such refusal to the Circuit Court and shall prosecute such appeal with due diligence, and the permit shall remain in effect until the first opportunity on which such an appeal could be heard by the Circuit Court and, if that Court shall so direct, for such further time (if any) as shall elapse before the final determination of such appeal.".

We have debated this matter and I am pressing the amendment.