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Bona fide travellers.
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15.—(1) Nothing in this Act shall operate to prohibit—
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(a) the holder of an on-licence in respect of premises situate in a county borough from selling intoxicating liquor for consumption on such licensed premises to bona fide travellers at any time on any week day or
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(b) the holder of an on-licence in respect of premises not situate in a county borough from selling intoxicating liquor for consumption on such licensed premises to bona fide travellers—
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(i) at any time on any week-day, or
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(ii) if his licence is not a six-day licence, on any Sunday during a period of summer time between the hours of one o'clock and eight o'clock in the afternoon or on any other Sunday between the hours of one o'clock and seven o'clock in the afternoon.
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(2) The Justice of the District Court may in his discretion, on the application of the holder of an on-licence in respect of premises situate in the licensing area and after hearing the principal officer of the Gárda Síochána in the licensing area, substitute the hours of two o'clock and nine o'clock in the afternoon for the hours of one o'clock and eight o'clock mentioned in the foregoing sub-section in relation to Sundays during a period of summer time, and whenever such order is so made the foregoing sub-section shall, during the residue of the period of summer time current at the date of the order or, where such order is not made during a period of summer time, during the period of summer time commencing next after the date of the order, have effect as if the hours mentioned therein in relation to Sundays during a period of summer time were two o'clock and nine o'clock in the afternoon.
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(3) Every person who by falsely representing himself to be a bona fide traveller buys or obtains or who attempts by such false representation to buy or obtain on any licensed premises any intoxicating liquor during a period in which the sale of intoxicating liquor on such premises is prohibited by this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.
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(4) It shall be a good defence to any charge of selling intoxicating liquor in contravention of the provisions of this Act relating to prohibited hours for the person so charged to prove to the satisfaction of the Court that such intoxicating liquor was sold for consumption on the premises in which the sale took place and was so sold on premises and at a time on and at which such sale of intoxicating liquor to bona fide travellers is not unlawful under this Act and that the person to whom such intoxicating liquor was so sold represented himself at the time of such sale to be a bona fide traveller and that the person so charged had no reasonable ground for disbelieving such representation.
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(5) For the purposes of this section a person shall not be a bona fide traveller unless either the place where he lodged during the previous night is situate in a county borough and is at least five miles (measured by the shortest public thoroughfare) distant from the place where he demands to be supplied with intoxicating liquor, or the place where he lodged during the previous night is situate elsewhere than in a county borough and is at least three miles (similarly measured) distant from the place where he demands to be supplied with intoxicating liquor.
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