S.I. No. 263/1999 - Retail Price (Beverages in Licensed Premises) Display Order, 1999.
I, TOM KITT, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by Section 19 of the Prices Act, 1958 (No. 4 of 1958), as amended by the Prices (Amendment) Act, 1972 (No. 20 of 1972) (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 305 of 1997 )), and the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 ), hereby order as follows: | ||||||||
1. This Order may be cited as the Retail Price (Beverages in Licensed Premises) Display Order, 1999. | ||||||||
2. This Order shall come into operation on the 15th day of September, 1999. | ||||||||
3. (1) Subject to the provisions of this Article, every person who carries on in the State the business of selling intoxicating liquor by retail for consumption on the premises shall display a notice inside the premises where the business is carried on specifying— | ||||||||
(a) each kind of beverage (whether alcoholic or non-alcoholic) on sale at the premises, and the quantities, measures or units thereof by reference to which the price charged therefor at the premises is calculated, | ||||||||
(b) opposite the mention of each such kind of beverage, the price charged at the premises for the quantities, measures or units specified of each such kind of beverage. | ||||||||
(2) Every person who carries on in the State the business of selling intoxicating liquor by retail in any premises for consumption on the premises, being premises in which different prices are charged in different parts of the premises for any quantity, measure or unit of one or more beverages, shall, in lieu of the notice referred to in paragraph (1) of this Article, display a notice in each such part specifying— | ||||||||
(a) each kind of beverage (whether alcoholic or non-alcoholic) on sale in that part of the premises, and the quantities, measures or units thereof by reference to which the price charged therefor in that part of the premises is calculated, | ||||||||
(b) opposite the mention of each such kind of beverage, the price charged in that part of the premises for the quantities, measures or units specified of each such kind of beverage. | ||||||||
(3) In this Article “premises” means any place where intoxicating liquor is sold. | ||||||||
(4) References in this Article to the price charged for any beverage on sale in premises are references to the retail price (stated as a single amount and inclusive of any charge made for any tax payable in respect of the beverage) charged in the premises at that time for that beverage for consumption on the premises. | ||||||||
4. (1) Subject to the provisions of this Article, every person who carries on in the State in any premises the business of selling intoxicating liquor by retail for consumption on the premises shall display a notice specifying— | ||||||||
(a) the price per pint or 568 millilitres charged at the premises or at that part of the premises, as the case may be, for at least one kind of draught stout, | ||||||||
(b) the price per pint or 568 millilitres charged at the premises or at that part of the premises, as the case may be, for at least one kind of draught ale, | ||||||||
(c) the price per pint or 568 millilitres charged at the premises or at that part of the premises, as the case may be, for at least one kind of draught lager, | ||||||||
(d) the price per pint or 568 millilitres charged at the premises or at that part of the premises, as the case may be, for at least one kind of draught cider, | ||||||||
(e) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of stout in bottles of a capacity of 330 millilitres, | ||||||||
(f) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of ale in bottles of a capacity of 330 millilitres, | ||||||||
(g) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of lager in bottles of a capacity of 330 millilitres, | ||||||||
(h) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of cider in bottles of a capacity of 330 millilitres, | ||||||||
(i) the price per 35.5 millilitres charged at the premises or at that part of the premises, as the case may be, for at least one kind of whiskey, | ||||||||
(j) the price per 35.5 millilitres charged at the premises or at that part of the premises, as the case may be, for at least one kind of vodka, | ||||||||
(k) the price per 35.5 millilitres charged at the premises or at that part of the premises, as the case may be, for at least one kind of gin, | ||||||||
(l) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of carbonated beverage in bottles of a capacity of 200 millilitres, | ||||||||
(m) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of carbonated beverage having a cola base in bottles of a capacity of 200 millilitres, | ||||||||
(n) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of mixer in bottles of a capacity of 113 millilitres, | ||||||||
(o) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of bottled water in bottles of a capacity of 250 millilitres, and | ||||||||
(p) the price per bottle charged at the premises or at that part of the premises, as the case may be, for at least one kind of wine in bottles of a capacity of 187 millilitres. | ||||||||
(2) A notice displayed pursuant to paragraph (1) of this Article shall be displayed— | ||||||||
(a) in case the whole of the premises is used for the purpose of selling liquor by retail for consumption on the premises and the same price is charged in all parts of the premises for each of the beverages specified in paragraph (1) of this Article when sold in the quantity, measure or unit specified in that paragraph in relation to such beverage, immediately outside or immediately inside each entrance to the premises which is open to the public; | ||||||||
(b) in case the whole of the premises is used for the purpose of selling liquor by retail for consumption on the premises and different prices are charged in different parts of the premises for one or more of the beverages specified in paragraph (1) of this Article when sold in the quantity, measure or unit specified in that paragraph in relation to such beverage, immediately outside or immediately inside each entrance to each such part of the premises which is open to the public; | ||||||||
(c) in case part only of the premises is used for the purpose of selling liquor by retail for consumption on the premises and another part of the premises is used only for other purposes, immediately outside or immediately inside each entrance to the part of the premises used for the purpose of selling liquor by retail for consumption on the premises which is open to the public. | ||||||||
(3) In this Article “premises” means any place where intoxicating liquor is sold. | ||||||||
(4) References in this Article to the price charged for any beverage on sale in premises are references to the retail price (stated as a single amount and inclusive of any charge made for any tax payable in respect of the beverage) charged in the premises for that beverage for consumption on the premises. | ||||||||
(5) This Article— | ||||||||
(a) does not apply in relation to premises in which none of the beverages specified in paragraph (1) of this Article are on sale, and | ||||||||
(b) applies in relation to premises in which some, but not all, of the beverages so specified are on sale as if the beverages aforesaid that are not on sale in the premises were not so specified. | ||||||||
5. (1) Every person who carries on in the State the business of selling any beverage by retail in any premises for consumption off the premises shall, if it is a condition of the sale that, if the container in which the beverage is sold is returned to the seller, the seller will give a specified sum of money (subsequently referred to in this Article as “the deposit”) to the person returning the container, display a notice inside the premises specifying— | ||||||||
(a) the price of the beverage, including the amount of the deposit, stated as a single amount, and | ||||||||
(b) the price of the beverage, excluding the amount of the deposit, stated as a single amount. | ||||||||
(2) In this Article “premises” means any place where any beverage is sold. | ||||||||
6. (1) A notice displayed in premises pursuant to this Order shall be in such a position as to be clearly visible and in a legible form. | ||||||||
(2) Where a single notice cannot be displayed in such a position as to comply with paragraph (1) of this Article, such number of notices as may be necessary to secure such compliance shall be displayed. | ||||||||
(3) In this Article “premises”, in relation to a notice displayed pursuant to Article 3 or 4 of this Order, has the meaning assigned to it by those Articles and, in relation to a notice displayed pursuant to Article 5 of this Order, has the meaning assigned to it by that Article. | ||||||||
7. (1) The letters and figures on a notice displayed pursuant to Article 3 or 5 of this Order shall be at least 3 millimetres in height and of proportionate width. | ||||||||
(2) A notice displayed pursuant to Article 4 of this Order shall be at least A4 in size. | ||||||||
(3) The letters and figures on a notice displayed pursuant to Article 4 of this Order shall be at least 4 millimetres in height and of proportionate width. | ||||||||
8. The Retail Price (Beverages in Licensed Premises) Display Order, 1976 ( S.I. No. 146 of 1976 ), is hereby revoked. | ||||||||
| ||||||||
|
EXPLANATORY NOTE. | ||||||||
(This note is not part of the Instrument and does not purport to be a legal interpretation.) | ||||||||
This Order, which applies from 15th September, 1999, requires that a 16 item price list will have to be displayed: | ||||||||
• immediately outside or immediately inside each entrance to a licensed premises, where the same price is charged in all parts of the premises (e.g., a bar) | ||||||||
• immediately outside or immediately inside each entrance to each part of a licensed premises, where different prices are charged in different parts of the premises (e.g., a bar and a lounge) | ||||||||
• immediately outside or immediately inside each entrance to the part of a licensed premises used for selling liquor by retail, where part only of the premises is used for selling liquor by retail and another part is used only for other purposes (e.g., a hotel). | ||||||||
The 16 items to be displayed are: | ||||||||
• stout — draught and bottle | ||||||||
• ale — draught and bottle | ||||||||
• lager — draught and bottle | ||||||||
• cider — draught and bottle | ||||||||
• whiskey | ||||||||
• vodka | ||||||||
• gin | ||||||||
• carbonated beverage | ||||||||
• carbonated beverage with a cola base | ||||||||
• mixer | ||||||||
• bottled water | ||||||||
• wine |