Maureen O'Sullivan (Dublin Central, Independent)
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Question 139: To ask the Minister for Justice and Equality the licence granted to a pub (details supplied) which is near residential units and which residents claim is open until 2.30 am and reopens at 7.30 am; if regulations are in place to prevent pubs opening late and reopening early in the morning near residential units; the options available to residents to restrict the opening hours to avoid noise pollution; and if he will make a statement on the matter. [14430/12]

Alan Shatter (Dublin South, Fine Gael)
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The position is that under section 5 of the Intoxicating Liquor Act 1927, as amended, the holder of an on-licence may apply to the District Court for special exemption orders which permit extended opening hours for special occasions. The Court shall not grant such an order in respect of any licensed premises unless it is satisfied that the special occasion concerned will be conducted in a manner that will not cause undue inconvenience or nuisance to persons residing in the locality or create an undue risk of public disorder there.

A licensee applying for a special exemption order must serve on the officer in charge of the Garda Síochána for the licensing area concerned a notice of intention to apply for the order at least forty-eight hours before making the application and the District Court may make the order if it thinks fit to do so having heard the officer concerned. A special exemption order expires at 2.30 a.m. (1.00 a.m. where it extends to a Monday that is not a public holiday) unless the Court, for stated reasons, grants the order for a shorter period. Section 4 of the Intoxicating Liquor Act 1927, as amended, provides that the District Court may grant general exemption orders which permit early opening of premises with on-licences where it is necessary or desirable to do so in order to accommodate any considerable number of people attending a public market or fair or following a lawful trade. Such an order requires the provision at reasonable prices of food and non-alcoholic beverages to customers.

Section 15 of the Intoxicating Liquor Act 1962, as amended, provides that a general exemption order shall not be granted for a period beginning before 5.00 a.m. where the order is sought for accommodating persons attending a public market or fair, or for a period beginning before 7.00 a.m. where it is sought for accommodating those following a lawful trade (except fishing in tidal waters). Section 5 of the Intoxicating Liquor Act 2008 provides that no such order shall be granted in respect of any licensed premises unless an order was in force in respect of those premises on 30 May 2008. A licensee applying for a general exemption order must serve on the officer of the Garda Síochána for the licensing area concerned a notice of intention to apply for the order at least one week before making the application and the District Court may make the order if it thinks fit to do so having heard the officer concerned.

In light of the foregoing, complaints concerning licensed premises operating on foot of special exemption orders and general exemption orders should be brought to the attention of the officer in charge of the Garda Síochána for the licensing area concerned.