Public Health (Alcohol) Act 2018
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PART 2 Alcohol Products | ||
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Minimum price of alcohol products | ||
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11. (1) The minimum price per gram of alcohol for the purposes of this Act shall be €0.10. | ||
(2) The minimum price of an alcohol product shall be calculated using the following formula: | ||
A x B = C | ||
where— | ||
A is the minimum price per gram of alcohol, | ||
B is the quantity in grams of alcohol contained in the alcohol product, and | ||
C is the minimum price of the alcohol product expressed in euro and cent. | ||
(3) Subject to subsection (4), the Minister may, from time to time, by order increase the minimum price per gram of alcohol for the purposes of this Act. | ||
(4) The Minister shall not make an order under subsection (3) earlier than— | ||
(a) in the case of the first such order, 3 years after the commencement of this section, or | ||
(b) in the case of a second or subsequent such order, 18 months after the previous order made under subsection (3). | ||
(5) When making an order under subsection (3), the Minister shall take into account any expert research available to him or her on the effectiveness of the introduction of the minimum price per gram of alcohol for the purposes of this Act, and shall have regard to— | ||
(a) the rate of alcohol consumption, | ||
(b) patterns of alcohol consumption, | ||
(c) health-related risks caused by alcohol consumption, | ||
(d) data from health services relating to alcohol related presentations at health facilities, | ||
(e) other societal harm caused by alcohol consumption, | ||
(f) the price and affordability of alcohol products, and | ||
(g) such other matters he or she considers appropriate. | ||
(6) A person who— | ||
(a) sells or causes to be sold an alcohol product at a price that is below the minimum price of the alcohol product concerned, or | ||
(b) advertises, promotes or causes to be advertised or promoted the sale of an alcohol product at a price that is below the minimum price of the alcohol product concerned, | ||
shall be guilty of an offence. | ||
(7) Where an alcohol product is supplied or offered for sale together with another product (other than an alcohol product) or service, for a single price, this section shall apply as if the alcohol product concerned is supplied or offered for sale on its own for that price. | ||
(8) Subject to any regulations under section 23 , where an alcohol product is supplied or offered for sale together with another alcohol product for a single price, the quantity in grams of alcohol contained in each of the alcohol products concerned shall be included when calculating the minimum price of the first mentioned alcohol product. | ||
(9) The quantity in grams of alcohol contained in an alcohol product shall be calculated using the following formula: | ||
A x B x .789 = C | ||
where— | ||
A is the volume, expressed in millilitres, of liquid contained in the alcohol product, | ||
B is the alcoholic strength by volume of the alcohol product, and | ||
C is the quantity in grams of alcohol contained in the alcohol product. | ||
(10) For the purposes of this section— | ||
(a) the quantity in grams of alcohol contained in an alcohol product shall, after the commencement of section 12 be presumed, unless the contrary is shown, to be— | ||
(i) the quantity in grams of alcohol displayed on the container of the alcohol product concerned pursuant to section 12 , | ||
(ii) the quantity in grams of alcohol specified in a document referred to in section 12 (4)(e) in respect of the alcohol product concerned, or | ||
(iii) where an alcohol product is sold on-line, the quantity in grams of alcohol in respect of the alcohol product concerned displayed on the relevant website in accordance with section 12 (5), | ||
(b) the volume of liquid contained in an alcohol product shall be presumed, unless the contrary is shown, to be the volume stated on the label of the alcohol product concerned, and | ||
(c) the alcoholic strength by volume of an alcohol product shall be presumed, unless the contrary is shown, to be the alcoholic strength by volume stated on the label of the alcohol product concerned. | ||
(11) (a) This section shall not apply to the sale of alcohol products in a tax-free shop to travellers departing the State. | ||
(b) In this subsection “tax-free shop” means a tax-free shop within the meaning of Article 14 of Council Directive 2008/118/EC of 16 December 20081 concerning the general arrangements for excise duty and repealing Directive 92/12/EEC. | ||
(12) In this section, “sell” does not include— | ||
(a) sell by wholesale, or | ||
(b) distribute free of charge. | ||