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  • How to get an off licence for your shop - Compton Solicitors
    Court and the Gardaí You may find that your building needs some modification before it can be considered a fit and suitable premises to be licensed This is something you should bear in mind when considering the cost of an application The Voluntary Code on the Display and Sale of Alcohol in Mixed Trading Premises In order to avoid the commencement into law of section 9 of the Intoxicating Liquor Act 2008 which required the display and sale of all liquor except wine to be confined to a part of the premises which is structurally separate from the remainder of the premises and accessed by a door gate or turnstile the Irish retail industry has agreed a voluntary code on the display and sale of alcohol with the Minister for Justice Most District Courts when considering new off licence application will require evidence that the layout of the shop conforms to the requirements of the voluntary code Any retailer who is not familiar with the requirements of the code can either log on to the Responsible Retailing of Alcohol in Ireland RRAI website at www rrai ie or email Lorraine Compton at lorraine compton comptonsolicitors ie to be sent an explanatory note and checklist to see if their premises complies What about objectors If the Gardaí or local residents object to the application this may cause a delay and an increase in the cost of the application process The Court will not be able to hear the application on the date on which it is listed but will be given a special date for the hearing of the objectors case If it is local residents that are objecting the needs of persons residing in the neighbourhood will become a significant factor for the Court to consider An objection may be

    Original URL path: http://comptonsolicitors.ie/how-to-get-an-off-licence-for-your-shop-2 (2016-02-18)
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  • NEW COMPANIES LAW — WHAT YOU NEED TO KNOW - Compton Solicitors
    if so desired no need to change the company name or stationery it will continue to include Limited or Ltd Accordingly in many cases conversion to a CLS type may be the best option for you Designated Activity Companies Some companies will have to or may choose to become a Designated Activity Company where the company is or needs to be limited to carrying on a specific activity Simplified Procedures The formalities associated with a great number of transactions will in many cases be easier written majority resolutions approval of some transactions such as loans to directors or the company giving financial assistance for purchases of its own shares and the ability for the CLS or LTD company type as well as certain other companies if they have a single member to avoid having to hold an AGM and instead deal with the relevant business in writing However this is balanced with increased exposure for directors where the new approval procedures are used Directors duties codified Judges have over the years decided what the fiduciary and duties of care of directors are These are now restated and codified into eight rules These include the obligation to act in good faith in what the director considers to be the interests of the company and to act honestly and responsibly The Act imposes an objective standard of care skill and diligence on a director There are also a number of rules dealing with the diversion of the company s property proprietary information or opportunities and conflicts of interest Usefully however the Act allows the company to relax certain elements of these rules Directors Loans We have become familiar with the restrictions on companies making loans in favour of directors or connected persons There is a new simplified procedure for approving such loans It is important however that properly drafted loan agreements are put in place because under the new rules undocumented loans between a company and a director connected person or loans which contain ambiguous terms are to be treated adversely Directors Report Each director will be required to confirm in the directors report that all relevant audit information which they are aware of having made reasonable enquiries has been conveyed to the auditors This is a significant additional responsibility and it will be an offence to knowingly or recklessly make a false statement Directors will need to take advice on what steps they need to take to ensure they comply Compliance Statements and Audit Committees The directors of a company with a balance sheet total of 12 5m and turnover of 25m will have new obligations for securing the company s compliance with the following 1 certain company law provisions imposing serious penalties being category 1 and 2 offences for non compliance and 2 tax law These include the directors drawing up a compliance policy statement and reporting on what has been done to secure compliance For larger companies balance sheet total 25m turnover 50m the directors must consider the establishment

    Original URL path: http://comptonsolicitors.ie/new-companies-law-what-you-need-to-know (2016-02-18)
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  • Regulation of Lobbying Act 2015 - Compton Solicitors
    to carrying on lobbying activities and imposes restrictions on involvement on lobbying by certain former designated public officials and to provide for related matters Key dates to be noted for the Regulation of Lobbying Act are 1 The launch of the web based register on 1st May 2015 it will be available to potential registrants from that date to allow them to familiarize themselves with the system 2 The commencement

    Original URL path: http://comptonsolicitors.ie/regulation-of-lobbying-act-2015 (2016-02-18)
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  • Gambling Control Bill 2013 - Compton Solicitors
    Control Bill 2013 General Scheme July 2013 and references to Office or OGCI shall be read as reference to that Executive Office Why is there a need to update the gambling legislation in Ireland to include online gambling It is important to understand the social impact of future developments in technology and gaming products The social policy aspect is critical because developments in technologies and products can have potentially significant negative social impacts unless properly understood and appropriately regulated Technological advances are facilitating an increasing convergence of different gambling products available to consumers including children via an increasing array of platforms Any such mechanism will need to have a much broader remit than social policy which will have to consider the implications of the approval of remote gambling technologies The Casino Committee of the Department of Justice and Equality considers that given the continued convergence in gambling product and platforms as well as the transformative role of technology such as the internet there is a need to ensure tactical and strategic national agencies in this area Minister Shatter stated Under the new law anyone offering a gambling service to anyone in the State by whatever means and regardless of whether the operator is based in the State or elsewhere must have a licence A new executive agency will act as both the licensing authority and regulator for the sector and will have responsibility for checking compliance and in enforcing the law generally The agency will be self financing from licence fees and other charges It might be noted that in some jurisdictions there is a trend towards reducing the number of agencies involved in this area in order to ensure greater coherence in national policies The Gambling Commission in Great Britain is a recent example as it has responsibility for casinos bingo gaming machines and lotteries with the exception of the National Lottery and from 2007 the regulation of betting with the exception of spread betting and remote gambling as well as helping to protect children and vulnerable people Minister Shatter stressed that the new legislation will give added protection to all customers I am committed in particular to ensuring that there are effective and robust safeguards in place to protect young people and those for whom gambling has become a problem The Bill introduces a range of new measures including the introduction of age restrictions staff training controls on advertising promotions and sponsorship the establishment of a new Social Gambling Fund to assist with treatment services a new complaints procedure for consumers and new arrangements to assist consumers seeking compensation from a licence holder Operators will be required to maintain adequate financial reserves to cover customer entitlements What are the different types of Licences available under the proposed legislation There are 43 different categories of Licenses proposed see http www justice ie en JELR Gambling 20Control 20Bill 202013 pdf Files Gambling 20Control 20Bill 202013 pdf at p 78 80 These licences range from land based betting and gaming outlets

    Original URL path: http://comptonsolicitors.ie/gambling-control-bill-2013 (2016-02-18)
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  • Welcome to Compton Solicitors
    of specialist and technical advice to the Retail Leisure and Liquor Licensed Sectors We work with a wide range of clients private companies and individuals and are well known for providing practical and effective legal advice and assistance tailored to our clients needs As many of our clients trade 24 7 we provide an emergency helpline to those Retail Leisure and Liquor operator clients who require it as we appreciate

    Original URL path: http://comptonsolicitors.ie/home/welcome-to-compton-solicitors (2016-02-18)
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