Joe Costello (Dublin Central, Labour)
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Question 156: To ask the Tánaiste and Minister for Justice, Equality and Law Reform the requirements for acquiring a public dance licence; the requirements for a late night special exemption licence; and if he will make a statement on the matter. [7867/07]

Michael McDowell (Dublin South East, Progressive Democrats)
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I can inform the Deputy that the legislation governing the granting of licences for public dancing is set out in the Public Dance Hall Act 1935. A licence granted to operate a Dance Hall is granted as appropriate by the District Court Justice in the locality. I have no direct function in the matter.

Section 11 of the Intoxicating Liquor Act 2003 (which substituted a new section for section 5 of the Intoxicating Liquor Act 1927) provides that the District Court may grant a special exemption order which permits the sale and consumption of intoxicating liquor on a specified occasion after normal closing time. Special exemption orders are granted on a case-by-case basis by the District Court and this means that an application must be made to the Court by the licensee in respect of each occasion for which such an order is sought.

The officer in charge of the Garda Síochána for the relevant licensing area must be given at least 48 hours notice of an application for a special exemption order. Among the grounds on which objections to the granting of such orders may be made include undue inconvenience or nuisance to persons residing in the locality, or an undue risk to public order in the locality.

Provision is made for a local authority role in determining the duration of special exemption orders in its administrative area. A local authority may adopt a resolution concerning the expiry times of special exemption orders in respect of the whole or a specified part of its administrative area. The District Court is required to have regard to any such resolution before making a special exemption order on foot of any application by a licensee.