TABLE OF CONTENTS

INTRODUCTION Page 5

By Professor Colin Scott, Dean of Law, UCD.

FOREWORD Page 6

By the Honourable Chief Justice Mrs. Susan Denham.

INTRODUCTION Page 8

By Sarah O’Meara, Chairperson, UCD SLS 2011/2012.

STUDENT DEBT Page 9

PUBLIC INTEREST LAW ALLIANCE Page 14

EMPLOYMENT RIGHTS Page 16

CHARITY MOOT COURT Page 18

STUDENT LEGAL INFORMATION CLINICS Page 18

CONSUMER RIGHTS Page 19

KNOW YOUR RIGHTS WEEK Page 22

LANDLORD & TENANT RIGHTS Page 23

TAX INFORMATION Page 26

DATA PROTECTION Page 28

EMIGRATION Page 30

RIGHTS ON A NIGHT OUT Page 34

ANTI-DISCRIMINATION Page 36

1

Disclaimer

The Student Legal Service assumes no responsibility for and gives no guarantees, undertakings or warranties concerning the accuracy, completeness or up-to-date nature of the information provided at

clinics or in this manual and/or for any consequences of any actions taken on the basis of the information provided, legal or otherwise. The members do not accept any liability whatsoever arising

from any errors or omissions to any person acting or refraining from acting as a result of the information data provided at the clinic. The information provided in this manual is not a complete

source of information on all aspects of the law.The Student Legal Service takes no responsibility for any information or advice passed from a client to

a third party.If you need professional or legal advice you should consult a suitably qualified person.

All enquiries should be directed towards:

UCD Student Legal ServiceBox 32,

UCD Student Centre,UCD,

Dublin 4

Email: studentlegalservice@ucd.ie

© University College Dublin Student Legal Service 2012

Printed in Ireland by Jaycee3 Temple Lane, Temple Bar, Dublin 2.

Cover Design by Anita Murphy

2

ACKNOWLEDGEMENTS

Many Thanks to the Student Legal Service Committee and the Contributors who made

this manual possible:

Student Legal Service Committee:

Aidan Forde

Alicia Griff n

Anita Murphy

Aoife MacDermott

Demi Mullen

Eilish McPhillips

Jack Kelly

Jennifer O Brien

Lisa Foley

Olivia Van Wallaghe

Patrick Fitzgerald

Sarah O Meara

Contributors:

Aislinn O Toole

David Walshe

Deirdre O Reilly

Gerry Liston

Greg Talbot

Sarah Taheny

Yvanne Kennedy

Manual Editors:

Alicia Griff n

Anita Murphy

Demi Mullen

With Special Thanks to:

Ms. Chief Justice Susan Denham, Dr. Fiona De Londras, Professor Colin Scott, Dr.

Kevin Costello, Mr. Brian Hutchinson, Dr. Miriam Keane, Mr. Ciarán Ahern, Ms.

Maureen Reynolds, Mr. Richard Butler, Jaycee Publishers and countless others

who helped the Student Legal Service throughout the year and made this manual possible

through generously sharing their time.

3

Tel: 01 415 0462

E-mail: proflaw@gcd.ie

Enrol online at www.gcd.ie

The Professional Law School:

“If you want to pass exams do the preparatory courses at Gri�th College. They break down the law in a way that is clear, concise and easy to learn. They will equip you with the

knowledge, con�dence and technique to answer any question on the exam. Gri�th College lighten the load and I would recommend them to anyone” - Gavin Clare

GCD is the leading provider in on-line education, making study for these exams from anywhere in the world viable.

GCD has produced more prize winners than any other institution

GCD has a full team of practising lawyers as lecturers with unrivalled experience of the professional exams.

GCD has fantastic pricing options.

GCD has specialised manuals, exam solutions and study aids.

Full details at www.gcd.ie/fe1 | www.gcd.ie/kingsinns

Tel: 01 415 0462

E-mail: proflaw@gcd.ie

Enrol online at www.gcd.ie

The Professional Law School:

“If you want to pass exams do the preparatory courses at Gri�th College. They break down the law in a way that is clear, concise and easy to learn. They will equip you with the

knowledge, con�dence and technique to answer any question on the exam. Gri�th College lighten the load and I would recommend them to anyone” - Gavin Clare

GCD is the leading provider in on-line education, making study for these exams from anywhere in the world viable.

GCD has produced more prize winners than any other institution

GCD has a full team of practising lawyers as lecturers with unrivalled experience of the professional exams.

GCD has fantastic pricing options.

GCD has specialised manuals, exam solutions and study aids.

Full details at www.gcd.ie/fe1 | www.gcd.ie/kingsinns

INTRODUCTION

I am delighted to have this opportunity to introduce this important manual and to give my

support to the initiative and achievements of the UCD Student Legal Service (SLS). The SLS

is a very significant part of student life in the UCD School of Law and in the University more

generally. From small beginnings some years ago the Society has, under a series of highly

committed leaders, become a large student organisation, embracing an ever wider range of

opportunities for its members and services to the wider community. These activities include

providing information clinics to students, engaging with the wider public interest law

community, putting on charitable events , engaging in rights awareness activities and, of

course, the production of this manual. The activities of the SLS demonstrate the vitality,

enterprise and commitment of law students and are indicative of a wider commitment to

excellence amongst the students, staff and alumni of the School. UCD School of Law is

celebrating a centenary of law graduates in 2011-12 and is looking forward to moving to the

purpose-built Sutherland School of Law building in the heart of the UCD campus in 2013,

bringing with it further opportunities to enhance clinical aspects of legal education at UCD.

The appeal of the SLS is, I believe, that it enables students to see how the special knowledge

they acquire in their studies might be of immediate use to others who have difficulties and

who require information or support. The wider significance of this is that it supports students

in thinking about how their knowledge can underpin opportunities to transform the situation

of others, whether by giving out legal information, seeking greater awareness of rights, or

taking up advocacy positions in respect of key social and economic issues which might be

addressed through policy changes or through a campaign of litigation. The transformative

potential of law is not always fully appreciated or remembered, or we think of it only the in

the context of momentous occasions in which the civil or political rights of citizens were

enhanced, often in far off places. But many students have been motivated to study law by the

idea that their knowledge and experience may make a difference to our society in smaller

ways. This manual exemplifies that ideal. The person facing debt issues who receives good

advice to try to resolve matters with their creditors will be in a much better position to get

through a difficult period than the person who, unsupported, hopes the problems will go

away. A person who has been advised that they can expect satisfactory quality in products

and also the remedy should those expectations are not met is less likely to be fobbed off by an

opportunistic retailer. This manual is packed with good information about these and many

other matters which affect students, including landlord and tenant rules and your rights when

enjoying a night out.

I congratulate the members of the UCD Student Legal Service on the production of this

manual, and on their many other activities, in the expectation that all who read this manual

will find some useful information and some interesting wider reading which will enable them

also to see the transformative potential of law.

Professor Colin Scott

Dean of Law

University College Dublin

March 2012

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INTRODUCTION

It is with a great sense of pride that I write my introduction to the Manual on

Students’ Rights 2012. As The Honourable Chief Justice Mrs. Susan Denham states

in her foreword, access to law and access to legal information are a vital part of a

democracy. This is the premise from which the University College Dublin Student

Legal Service commences its work. The Manual, through its accessible presentation

of detailed legal information on a wide range of areas affecting students, serves as a

centralised focus point of all the legal information our Volunteers have amassed

through their personal academic studies, SLS research, and generous advice from the

lecturers of the School of Law in UCD. It has become an essential resource on the

university campus, and is distributed to both incoming and continuing students

throughout the academic year.

The SLS, true to its Constitution, aims to promote greater awareness among students

of their legal rights and entitlements, to promote innovative and progressive forms of

legal education in UCD and Ireland, and to encourage volunteerism among law

students in UCD. The Dean of the School of Law, Professor Colin Scott, notes

importantly how SLS brings about this practical use of the legal knowledge students

gain in lectures, in voluntarily channelling it into legal information clinics and

publications to assist their peers as they run into disputes of legal consequence from

time to time. I count myself extremely fortunate to have worked with so many SLS

Volunteers this past academic year. It is with huge pride that I have chaired the SLS

Committee and Service. Volunteers give so selflessly of themselves, and of their time,

in seeking to bring the law and access to legal information within the reach of

students of all faculties and backgrounds on the UCD campus, despite academic

deadlines, sporting commitments and part-time jobs. Time and time again it is evident

that the officers of the SLS are among the most talented within the School of Law,

and the fact that the Student Legal Service brings them together, as volunteers,

seeking to share their knowledge and use their skills and abilities for the benefit of

other students, is a tremendous and encouraging feat in the consideration of the future

generation of Ireland’s graduates and lawyers.

I wish to sincerely thank The Honourable Chief Justice Mrs. Susan Denham, Dean

Colin Scott, Dr. Fiona de Londras, the lecturers of the School of Law and staff of the

Programme Office, who have graciously contributed in various ways to the

publication of this Manual, and help keep the Service afloat with continued support

all year round. The generosity of our sponsors must be noted, and their help has been

instrumental in the expansion of SLS during this past academic session. Finally, I

thank the SLS Committee 2011/2012, and the Manual editing committee, for the vast

amounts of work they have contributed this year, for it is they who have made

2011/2012 a resounding success for the SLS.

Sarah O’ Meara

Chairperson

UCD Student Legal Service 2011/2012

8

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Blog on PILA/PILS Conference Croke Park 2011By Alicia Griffin

As an end to Know Your Rights

Week, the Student Legal Service

attended the much anticipated

first annual Public Interest Law

Alliance Conference, held in

Croke Park on the 11th

November 2011. It was entitled

“Political Commitment,

Practical Protection: Using the

ECHR North and South”.

While we are all agreed that

Know Your Rights Week was an

extremely successful affair across

campus, the Conference

culminated in the highlight of

the week.

PILA is a project of FLAC

(the Free Legal Aid Centre), and

it was set up to promote Pro

Bono work by lawyers, an

endeavour that many SLS

volunteers would eventually like

to be involved in once they

qualify as professionals. Pro

Bono legal services ensure access

to justice. As quoted by the

President of the American Bar

Association, William Robinson:

“Pro Bono work helps individuals in

need in our communities. But it also

helps lawyers be better lawyers”. The

scheme matches expertise in law

firms and at the Bar with specific

legal needs in non-governmental

organisations, community

groups and law centres. It is

important in the Irish Legal

system as it increases the

capacity of organisations to use

law in the public interest.

The conference was held in

conjunction with PILS, the

Public Interest Law Service

project in Belfast, which

advances Human Rights and

equality in Northern Ireland

through the use of public

interest litigation to help

disadvantaged and vulnerable

people.

A Report on The PILA Conference 2012.

KNOW YOUR RIGHTS WEEK

14

The PILA Conference was the

first major all-island gathering

of legal practitioners, non-

governmental organisations,

legal academics, law students

and others interested in the

development of public interest

law in Ireland. It aimed to

understand and highlight the

real practical use of rights

under the ECHR, and did just

that. I arrived just as Shami

Chakrabati, the Director of

the UK Human Rights

Organisation: ‘Liberty’, began

her keynote address. I must

admit that I was not prepared

for such a moving

performance laced with great

humour. Her discussion of the

application of Articles 8, 10,

14 of the ECHR in the UK

was original and insightful.

She referred to Article 8 of the

ECHR as a very new right in

Britain, but significant in that

it challenged successfully the

draconian stop and search

powers under Section 44 of

the Anti Terror Laws. It was

however, Chakrabati’s opinion

on the role of the judiciary in

implementing the Human

Rights Act in the first 10 years

of its existence in Britain that I

found most interesting. It was

noted that it would not have

had the same effect if the

conservative Justice Scalia of

the US Supreme Court had

been in the House of Lords.

While she recognised that

Lord Justice Bingham of the

House of Lords is often

nicknamed “Human Rights

Hero”, Chakrabati dismissed

this, but commended him on

his “great response for liberties

and his passionate and

eloquent defence of the

Human Rights Act”. She feels

that he made it “British in

nature”, although so many

others had rejected it as merely

a European concept.

Following the keynote

speech we broke into

groups for “Breakout

Sessions”. It was a very

effective manner of

covering each area of law

that the Public Interest

Law Alliance dealt with.

We attended the seminar

on Prisoners’ Rights and

the effect of the ECHR in

prison litigation. The

speakers included the high

profile Joseph O’ Keefe

BL, Dara Robinson

(Partner in the leading

criminal law firm Sheehan

& Partners) and Chairman

of the IPRT, Liam

Herrick. The session

focused on contemporary

human rights abuses in

Irish Prisons such as

slopping out procedures

and compared conditions

to standards in Northern

Ireland.

Subsequently, the

conference was ended by

concluding remarks by

Michael Finucane about

the unequal application of

the ECHR North and

South of our island. He

closed with an uplifting

declaration:

“’Press on’. This slogan will

solve and has always solved the

problems of the human race”.

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Student Legal Information Clinics

18

19

20

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Know Your Rights Week- Lisa Foley

This year’s ‘Know Your Rights Week’ (KYR week) took place from 7-11th November 2011. The aim of the

week was to promote students’ legal rights and entitlements as employees, tenants and consumers.

The SLS held information stands in the Newman building, where our volunteers actively engaged

with other students, informing them about their legal rights and telling students about the SLS Legal

Information Clinics. Additional legal information clinics took place during KYR week; where SLS

members provided students with legal information on their tenant, consumer and employment issues

and worked with students to build solutions to their legal problems.

The SLS also organised for a number of people working in the legal sphere to speak to students in

UCD on the topic of legal rights:

Anton Kieffer from EIL Intercultural Learning came to speak to students in UCD on the issue of

‘Rights awareness through development education, working, volunteering and interning with EIL’.

EIL is an Irish non profit organisation which promotes intercultural learning opportunities through

study abroad, volunteer abroad, language training, group education programmes and other cultural

immersion activities for about 2000 people each year. EIL offers a number of opportunities to

volunteer in human rights projects in countries such as Ghana, Argentina, Guatemala and Nigeria.

For more information about volunteering abroad with EIL see www.eilireland.org.

Danielle Kennan, a Research Associate at the United Nations Educational Scientific and Cultural

Organisation (UNESCO) Child and Family Research Centre, gave a presentation to students on the

issue of ‘Realising Rights: the role of UN monitoring systems’. Danielle previously worked as a

Research and Policy Fellow with the Irish Human Rights Commission and as part of the UN Human

Rights Council at the United Nations in Geneva. Danielle has worked in the Child and Family

Research Centre at the National University of Ireland, Galway since March 2009 and works

predominantly on the UNESCO Chair programme in Children, Youth and Civic Engagement.

Noeline Blackwell, Director-General of Free Legal Advice Centres (FLAC) spoke to students on the

topic of ‘Rights in the pursuit of equal access to justice’. FLAC is an independent human rights

organisation dedicated to the realisation of equal access to justice for all. The organisation campaigns

on a range of legal issues and offers a number of free legal services to the public. The work of FLAC

is focused on four main areas: legal aid, social welfare, credit and debt and public interest law. For

more information see www.flac.ie

The Student Legal Service would like to thank Ms.

Blackwell, Ms. Kennan and Mr. Kieffer whose

presentations afforded students a broader insight into the

area of legal rights. Similarly, the SLS would like to thank

all SLS members who participated in the running of KYR

Week and who contributed to the successful promotion of

students’ legal rights to the rest of the student body.

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24

25

Tax Infor mat ion

Simplifying Tax TermsTax Credits:

- Reduce tax taken from

gross pay,

- Granted depending on

personal circumstances.

- Are non refundable.

Unused tax credits in pay

week/month are carried

forward to subsequent

pay period(s) within tax

year

- Entitlement found by

completing form 12A to

apply for your

Certificate of Tax

Credits when:

- starting first

employment in

the state

- national of

another

country, living in

Ireland,starting

first

employment in

the state

- recommencing

employment

following

period of

unemployment

- Can be claimed for

several expenses e.g.

tuition fees/service

charges.

- Rent relief can also be

sought on rent paid in

private accommodation.

IMPORTANT

TERMS

PAYE (PAY AS YOU EARN):- INCOME TAX WITHHELD

FROM TAXPAYER'S PAY SLIP, AND PAID TO REVENUE.

- DEDUCTED FROM INCOME BY EMPLOYER AS PAID.

- CALCULATED BY EMPLOYER AT PAY DAY, WITHHELD AND PAID TO REVENUE.

- DETERMINED BY AMOUNT EARNED ON EACH PAY SLIP.

- CHARGED (SINGLE PERSON): 20% FOR FIRST !32,800 (STANDARD RATE CUT OFF POINT), 41% ABOVE THIS.

PRSI (PAY RELATED SOCIAL INSURANCE):

- USED FOR SOCIAL PAYMENTS AND PENSIONS.

- PAID BY EMPLOYEES, EMPLOYERS & SELF EMPLOYED AS PERCENTAGE OF WAGES.

- DEDUCTED IN EVERY PAY SLIP.

- NOT PAID: ON FIRST !127 EARNED PER WEEK, BY MEDICAL CARD HOLDERS.

- EARNS EMPLOYEE 'CREDIT/CONTRIBUTION', ESTABLISHING ENTITLEMENTS TO NON MEANS TESTED WELFARE PAYMENTS.

STUDENT LEGAL SERVICES

USC (UNIVERSAL SOCIAL CHARGE):

- Replacement of income & health levy.

- Not paid if gross income less than !10,036 per year,

charged on all income once above this.

- Calculated on cumulative basis, like PAYE and shows on Tax

Credit Certificate.

- Over 70s/Medical Card Holders pay 4% on all above

10,036.

- Charged individually for married couples.

- Deducted from pay slip by employer, responsible solely for

income they pay. Details recorded separately on pay slip.

- Not carried forward from employment, included on P45 to

give to new employer - Emergency Rate 7%

- Liable for collection where underpayment

- Capable of refunding if overpayment. Contact Revenue with

queries or for a review of deductions.

- Receive a USC Certificate after each tax year & end of

employment.

2% First 10,036

4% 10,036.01 - 16,016

7% Above 16,016

CHARGED AS FOLLOWS

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26

Starting Work for the First Time

1.Give employer your PPS number:

i. Personal identification number

required by public services in

Ireland (format: 7 numbers,

followed by 1/2 letters.

ii. Obtained by contacting local Social

Welfare Office or, when just

arriving in Ireland, can register

for PPS at local office (need

proof of identity & residence in

Ireland).

iii. Employer can then let tax office

know you started work with

them.

2. Apply for Certificate of Tax Credits by

filling out a form 12A (obtainable from

employer or local tax office). Certificate

will determine amount of tax you are

required to pay.

3. You and employer will receive Certificate

of Tax Credits and Standard Rate Cut off

Point which sets out tax credits available.

STUDENT LEGAL SERVICES

Avoiding Emergency Tax & Avoiding It

If your first pay slip is taxed substantially,

emergency tax was deducted because:

1. Employer not received Certificate of Tax

Credits and Standard Rate Cut Off

Point because Form 12A not completed and

sent to relevant office.

2. Employer not received P45 Form because P45

not received when you changed jobs or not

given to new employer.

3. Because you have taken a second job and failed

to advertise to your District Tax Office to

issue new certificates to each

employer, dividing tax credits and standard

rate cut off point.

To avoid this, act quickly and complete necessary

steps before first payday!

- Starting job for first time, fill in and send away

Form 12A.

- Changing jobs, ensure new employer has P45

(allows them to deduct wages according to

details of tax credits and cut off point until

they receive Tax Credit Certificate.

- Taking on a second job, advise District Tax

Office to issue new certificates to each

employer.

Summer Work

No tax if:

- Don't exceed average tax credits of

!3300 (combined single person's

credit & PAYE credit for year).

- Fill out and update form 12A.

- Updated your P45 to ensure no

emergency tax.

Above your tax credits, taxed at 20% rate

band weekly. Therefore, taxed above 63.46

weekly. Will pay tax if gross earnings surpass

!3300.

Year Round Work

If you work weekly for year, then

taxed weekly above earnings of

!70.39, at the 20% tax band unless

earn above !36,400 per year.

Useful Contact Details

Revenue – Irish Tax and Customs

Visit: www.revenue.ie/en/contact/index.html,

Access the 'Contact Locator' for information

about the appropriate phone numbers and email

addresses for your query.

Third Level College Fees: Tax Relief

- Available at standard rate for cost of fees paid for approved course/colleges (see list

www.revenue.ie).

- Not available on administration/registration fees.

- Can be sought for undergraduate programmes of at least two years' duration in Ireland or other

EU Member State and can be used for certain foreign language & information technology courses.

- Available for repeat years, where taking over one course & holding third level qualification.

- Cannot be claimed on fees claimed under free fees initiative or grant schemes

- Maximum available is !5,000, at standard rate of 20%.

27

28

29

30

31

32

The 2011 - 2012 Committee

would like to thank

our sponsor:

for their support and contributions throughout the year.

201heT 1 - 2012 Com1 eettimm

ouw

hao ttkeid lul

or:ponsour s

nka

r ihefor t

nd caupports

onsibutriontc

throughoutt ts

.rayehet

33

At the Door

Owner and employees:

No obligation to admit you

if

!" Believe there is

substantial risk of

you engaging in

criminal/disorderly

conduct or causing

damage to property

Not permitted to admit you

if

!" Intoxicated to extent

that reasonable to

think you could pose

danger to yourself/

others.

!" Between 18 and 21

& do not show some

form of valid ID.

Cannot be refused entry

!" On nine grounds set

out in Anti

Discrimination

Section

Can refuse alcohol if under

certain age, but cannot

refuse entry onto premises

once over 18 as this is age

discrimination.

Bouncers ('Door

Supervisor')

Under the Private Security

Services Act 2004

!" Must be issued

license by Private

Security Authority.

!" Must wear 'clearly

visible' ID badge at

work.

!" Badge must 'clearly

indicate the license

number' of bouncer.

Can use force where

reasonable to:

1.# Protect themselves/

another from

actual/threatened

injury or assault.

2.# Protect nightclub

owner's property or

their own from

damage/destruction.

3.# Prevent entry or

remove from the

premises, person

whose permission to

enter has been

refused/withdrawn.

4.# Prevent commission

of a crime or breach

of the peace.

In the Nightclub

Equal Status Act

'On, or at the point of

entry' owner/employees

cannot engage in prohibited

conduct:

!" 'discrimination

against'

!" 'sexual harassment

or harassment of a

person', or

!" 'permitting the

sexual harassment or

harassment of a

person'.

Claims of such conduct

brought before District

Court where success could

get:

!" Compensation

!" Order that licensee

take a specific course

of action

!" Order for temporary

closure of premises

Complaints

!" In writing to the Private Security Authority

!" In good faith, not vexatious or frivolous

Then complainant has right to have complaint investigated and be heard during investigation.

Useful Contact Details

The Private Security

Authority

Tel: 062 31588 / 32600

Visit: www.psa.gov.ie

Email: info@psa.gov.ie

Rights On A Night Out

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"

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!

yj

ub lcthig ntceotrP

oryy tropeprs'renwo

omfrnw oireht

.iontucrts/deegamda

oryrtnetneverP

eh tomfrevomer

onsr, peseismepr

o tionsismrpeeoshw

nebesahretne

"

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#

#

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!

: teg

! iotasnpeomC

! icltahtrderO

ificpesaekat

iontcaof

! metorfforderO

profeuroslc

sntialpmCo

"

"

"

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#

#

#

#

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!

on

eesnec

esour cc

yraporm

seisme

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#

#

#

#

"

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!

nna cut, begainatrec

o prtonyrtneefuser

ish ts18 arevoecon

.iontainimrcdis

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#

#

#

#

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!

otn

seisme

egais 4.

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#

#

#

#

"

"

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!

nebesahretne

. nwadrhitd/wefuser

ionsismomctneverP

hcae broreimr c aof

. ecapeeh tof

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#

#

#

#

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!

sntialpmCo

ho t tgg initr wIn!

iturceSetaivrP

yitorhutA

, nhitood fagIn!

ifr orioustxaev

sahtnainaplomcnehT

tinaplomcevaavo ht

ehd bend aetaigtsevin

iontaigtseingindur

"

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eh

yt

otn

ousoliv

thigrs

d rae

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!

.iontaigtsevingindur

taiet Dtacon ClfuesU

y turiceSetvariPheT

ythoriutA

3260062 31588 /:leT

:tisVi e.i.gova.pswww

Email: .i.govapsnfo@i

"

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sli

0

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!34

Customer Safety

Intoxicating Liquor Act

Illegal to engage in, or for licensee to permit

'disorderly conduct' premises, which is

unreasonable behaviour by a person on

licensed premises which, in circumstances, is

likely to cause injury/fear/distress to any other

person on premises.

Any perpetrator must leave premises on

licensee or Guarda request.

Occupiers Liability Act

Occupier liable for injury/damage on his

property if:

!" Shown that licensee failed to take

'reasonable care in all the

circumstances' to ensure it did not

occur.

!" You are a 'visitor':

!" Present on premises with

permission of licensee.

!" Working on the licensees behalf.

!" You have paid the necessary

entrance fee.

!" If permission withdrawn, you

take reasonable steps to leave

(protection continues).

!" Not apply where damage not caused by

structural state of premises. Still duty of

care owed by licensee, which fails to be

discharged where through his own

fault/employees fault, customers suffer

injury/damage.

Belongings

Not pay for cloakroom service

!" No contract and no claim on lost/

damaged coats.

Do pay for cloakroom service

!" Sale of Goods and Supply of

Services Act 1980 applies.

!" Contract implies term that service will

be supplied with due skill, care and

diligence .

!" Term can be excluded/varied by

including express term to the contrary.

Must be fair and reasonable and

brought to consumer's attention.

!" Onus to prove fairness and

reasonableness on service provider.

!" European Communities (Unfair

Terms in Consumer Contracts)

Regulations 1995 describe 'unfair'

decisions, where effect irrevocably binds

consumer to terms where no real

opportunity of becoming acquainted

with them before conclusion of

contract' i.e. need disclaimer displayed

so consumer can clearly see in advance

of paying for service.

Stay aware of your rights while out and about!

Use your rights to

help you have the

best night out.

!

yfetaer SmoCust

uIntoxicating Liqqu

inegagno etlagelIl

Stay aw

"

""

""

"

"

"

"

"

"

"

"

!

uor Act

itmro peteesneiclorffoor

e of yourwar

"

""

""

"

"

"

"

"

"

"

"

!

sngingoelB

lcor ffoypaNot

! onNo c

r rights whi

"

""

""

"

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"

"

"

"

"

"

!

eicvre soomrkoal

oslonimalo cd nnatcartn

le out and a

"

""

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"

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"

"

"

"

"

!

/ts

about!

"

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"

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"

"

"

"

!

, inegagno etlagelIl

'tduconcylrdeordis'

vaavhbeelbaonsaerun

hwseismed presneicl

yjurinnjeusao c tyleikl

.seismeprononsrpe

umortartper peynA

rdar Guaoreesneicl

Occupiers Liabilit

"

""

""

"

"

"

"

"

"

"

"

!

itmro pe teesneiclorffoor

ishich, wseismepr

ononsr pe ay biourv

, issecnatsumcir c, inhich

eh otyno atssert/disra/fey

onseismeprevaaveltus

. tsqueer

ty Act

"

""

""

"

"

"

"

"

"

"

"

!

re

! onNo c

gamda

olcorffoyo paD

! Sale o

Servi

! artonC

up sbe

neigdil

! mreTTe

"

""

""

"

"

"

"

"

"

"

"

!

osl onimalo cd nnatcartn

.stoad ceg

eicvre soomrkoa

of Goods and Supply of

980ces Act 1 .sieppla

ivrestah tmre tsiepl imtca

aera, clilks duehitd wieppl

.ecn

yd bierad/vudelcxe benac

"

""

""

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!

/ts

lilweic

dna

y

"

""

""

"

"

"

"

"

"

"

"

!

Occupiers Liabilit

iorffoelbialrupieccO

if: ytropepr

! ltah tnwohS

celbaonsaer'

ecnatsumcirc

.urr.coc

! iv' aerou aYYo

! eserP

"

""

""

"

"

"

"

"

"

"

"

!

ty Act

ish onegam/dayjurinnj

ekao td teilfaeesneicl

eh tll ainerac

ot did niteursno e t'se

:'oritis

hitwseismeprontne

"

""

""

"

"

"

"

"

"

"

"

!

udlcin

btusM

ugorb

! usnO

onsaer

! Europ

merT

Regul

ioiscde

"

""

""

"

"

"

"

"

"

"

"

!

o ceho t tmre tssexpregdin

be elbnasoearndr aiaffa

etts aer'nsumoco thtg

d n assenirfaevoo prt

idvo preicvres onssenelban

npean Communities (U

ms in Consumer Contrac

995lations 1 un 'ibercsde

baocverirtcfefff eereh, wson

"

""

""

"

"

"

"

"

"

"

"

!

.yy.rarton

d n a

n.oint

.rr.de

nfair

cts)

'irfan

ds binylb

"

""

""

"

"

"

"

"

"

"

"

!

mrpe

! korWWo

! ou hYYo

artne

! peIf

rekat

eotpr(

! wypplaNot

atslaurtucrts

"

""

""

"

"

"

"

"

"

"

"

!

. eesneicl ofionsism

lahbeseesneicleh tongg ink

yrassece nehid t paevaavh

.efeecna

ou, ynwadrhit wionsismr

evaaveo l tpsetselbaonsaer

. )sueintonciontce

d beusa cotnegamdaerehw

ydutliltS.seismeprofeta

"

""

""

"

"

"

"

"

"

"

"

!

.ff.l

yb

of

umsonc

toppor

h thitw

artonc

ono cs

y paof

"

""

""

"

"

"

"

"

"

"

"

!

,

aeo r nereh wsmreo t trem

quacaginomc be ofyitunt

ofionuslconceorffobemeh

disreimalcd disee. n i.e'tca

aineesylrael cnacreumsn

. eicvresorffogginy

"

""

""

"

"

"

"

"

"

"

"

!

y

la

detina

deyapls

ecnadva

"

""

""

"

"

"

"

"

"

"

"

!

atslaurtucrts

yd bew oerac

d wegrahcdis

yoplm/etulfa

am/dayjurinnj

Use your rights to

help you have the

best night out.

"

""

""

"

"

"

"

"

"

"

"

!

ydutliltS. seismeprofeta

o betsil fahich, weesneicly

nw oishhougrhterehw

rfeufffssreomtus, ctul faseey

.ega

o

e

"

""

""

"

"

"

"

"

"

"

"

!

of

e

r

"

""

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!

35

36

1