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Regulations relating to sale and supply of alcohol products
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23. (1) Subject to subsection (2), the Minister may make regulations—
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(a) prohibiting or restricting a person from selling or supplying, or causing to be sold or supplied, an alcohol product at a reduced price or free of charge to any person on the purchase by that person, or by any other person, of—
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(i) one or more other alcohol products (whether of the same or a different kind), or
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(ii) any other product or service,
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(b) prohibiting or restricting a person from selling or supplying, or causing to be sold or supplied, an alcohol product during a limited period at a price less than that being charged for the alcohol product on the day before the commencement of the limited period,
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(c) prohibiting or restricting a person from doing or permitting, including for the purposes of promoting that person’s business or any event or activity taking place in a place other than a place used as an occupied private residence, anything that is intended or likely to encourage persons in that place to consume alcohol products in a harmful way,
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(d) prohibiting or restricting a person from selling or supplying, or causing to be sold or supplied, an alcohol product at a reduced price or free of charge in a manner likely to encourage the consumption of alcohol products in a harmful way,
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(e) prohibiting or restricting a person from advertising or promoting, or causing to be advertised or promoted, the sale, supply or consumption of alcohol products in a manner specified in paragraph (a), (b), (c) or (d).
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(2) In making regulations under this section, the Minister shall have regard to the need to reduce alcohol consumption and, without prejudice to the generality of that need, he or she shall, in particular, have regard to—
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(a) the need to reduce health-related harm arising from the consumption of alcohol,
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(b) the need to reduce other societal harms arising from the consumption of alcohol and, in particular, the need to reduce public order offences arising from alcohol consumption, and
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(c) in the case of advertising referred to in subsection (1) where the Minister is satisfied that the medium used for the advertising, or the nature of the advertising, or both, is intended or likely to encourage the consumption of alcohol products in a harmful way, the need to prohibit or restrict such advertising.
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(3) Regulations under this section may be expressed to apply by either generally or by reference to one or more of the following:
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(a) a class or classes of licensed premises;
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(b) a class or classes of non-licensed premises (other than occupied private residences);
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(c) a class or classes of alcohol product;
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(d) a class or classes of advertising.
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(4) A person who contravenes a regulation under this section that is declared in the regulations to be a penal provision shall be guilty of an offence.
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(5) Section 9 of the Act of 2003 shall apply to an offence under subsection (4), subject to the reference in subsection (4) of the said section 9 to “a member of the Garda Síochána” being construed as a reference to “an authorised officer” and any other necessary modifications.
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(6) For the purposes of this section, the sale or supply of alcohol products at a reduced price or free of charge includes—
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(a) the award, whether directly or indirectly, of bonus points, loyalty card points, or any similar benefit, to any person arising from the purchase by that person, or by any other person, of any alcohol product,
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(b) permitting the use of any such points or benefit, whether directly or indirectly, to obtain alcohol products, or any other product or service, at a reduced price or free of charge, and
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(c) permitting the use, whether directly or indirectly, of bonus points, loyalty card points, or any similar benefit, arising from the purchase of any product or service to obtain alcohol products at a reduced price or free of charge.
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(7) In this section—
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“limited period” means a period of 3 days or less;
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“sell” does not include sell by wholesale.
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