Public Health (Alcohol) Act 2018
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Interpretation | ||
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2. In this Act— | ||
“Act of 2003” means the Intoxicating Liquor Act 2003 ; | ||
“Act of 2009” means the Broadcasting Act 2009 ; | ||
“advertising” means any form of commercial communication with the aim or direct or indirect effect of promoting an alcohol product and includes, in relation to an alcohol product, every form of recommendation of the product to the public including— | ||
(a) (i) a statement of the name of a manufacturer or importer of an alcohol product, or the name of any brand of alcohol product, or | ||
(ii) a statement of any trade description or designation, or a display or other publication of a trademark, emblem, marketing image or logo, by reference to which the product is marketed or sold, | ||
in circumstances where such statement, display or publication may reasonably be regarded as a recommendation of the product to the public, and | ||
(b) a statement of the properties of the product on a label, container, wrapper or package used for the product or in a leaflet, circular, pamphlet or brochure issued to the public or given to a purchaser of the product; | ||
“alcohol” means pure ethyl alcohol; | ||
“alcohol related merchandise” means a product (other than an alcohol product) bearing the brand name or emblem, the corporate name or emblem, or the trade mark or logo, by reference to which an alcohol product is sold and includes— | ||
(a) clothing (other than children’s clothing), | ||
(b) confectionery and sauces, | ||
(c) glassware, crockery, cloths and bottle openers, | ||
(d) cigarette lighters and ashtrays, | ||
(e) stationery, bags and wallets, and | ||
(f) other decorative and novelty items; | ||
“alcoholic strength by volume” means the ratio, expressed as a percentage, of the volume of alcohol present in the alcohol product concerned to the total volume of the product at a temperature of 20° Celsius; | ||
“alcohol product” has the same meaning as it has in section 73 of the Finance Act 2003 ; | ||
“authorised officer” means a person appointed under section 24 ; | ||
“broadcast” has the same meaning as it has in the Act of 2009; | ||
“child” means a person under the age of 18 years; | ||
“clothing” includes footwear; | ||
“compliance notice” has the meaning assigned to it by section 30 ; | ||
“container” means, in relation to an alcohol product, a bottle or other container and where such bottle or container is accompanied by any additional packaging, also includes such packaging; | ||
“designated analyst” has the meaning assigned to it by section 27 ; | ||
“designated laboratory” has the meaning assigned to it by section 27 ; | ||
“Executive” means the Health Service Executive; | ||
“fixed payment notice” has the meaning assigned to it by section 29 ; | ||
“licence” means a licence for the sale of intoxicating liquor, whether granted on production or without production of a certificate of the Circuit Court or District Court; | ||
“licensed premises” means a premises in relation to which a licence is in force and in relation to a licensee means the licensed premises of the licensee; | ||
“licensee” means the holder of a licence; | ||
“marketing” means any form of commercial communication that is intended to increase or has the effect of increasing, the recognition, appeal or consumption of a particular product or service; | ||
“minimum price of an alcohol product” shall be construed in accordance with section 11 ; | ||
“Minister” means the Minister for Health; | ||
“off-licence” means a licence for the sale of intoxicating liquor for consumption off the premises; | ||
“on-licence” means a licence for the sale of intoxicating liquor for consumption either on or off the premises; | ||
“premises” includes any land, building or part of a building, tent, caravan, or other temporary or moveable structure, ship or other vessel, aircraft, railway wagon or other vehicle (whether stationary or otherwise) and any storage container used to transport alcohol products or relevant things; | ||
“prescribed” means prescribed by regulations made by the Minister; | ||
“publication” means a newspaper, magazine or any other periodical, brochure or leaflet and includes a supplement or insert to, or cover of the publication; | ||
“relevant thing” means— | ||
(a) any article or substance used in the manufacture, preparation or storage of an alcohol product, | ||
(b) any label, labelling, packaging or container (including a reusable container) used or intended for use in relation to an alcohol product, | ||
(c) any advertisement or material related to the advertising, marketing, promotion, sponsorship or sale of an alcohol product, | ||
(d) any product or service supplied with an alcohol product, and | ||
(e) any publication, article of children’s clothing or article of alcohol related merchandise; | ||
“reusable container” means a bottle, keg, cask or other container (other than a glass) that is intended to be refilled with an alcohol product for resale by the holder of a licence; | ||
“sell” means sell by retail or wholesale and includes— | ||
(a) offer or expose for sale, | ||
(b) invite the making by a person of an offer to purchase, | ||
(c) distribute free of charge, and | ||
(d) supply for any of these purposes (whether or not for profit); | ||
“trade mark” has the same meaning as it has in the Trade Marks Act 1996 . |