Intoxicating Liquor Act, 1960

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Number 18 of 1960.

INTOXICATING LIQUOR ACT, 1960.

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

PART II.

Prohibited Hours

PART III.

Licensing.

PART IV

Miscellaneous

SCHEDULE

Number 18 of 1960.

INTOXICATING LIQUOR ACT, 1960.

AN ACT TO AMEND AND EXTEND THE LICENSING ACTS, 1833 TO 1953, AND THE REGISTRATION OF CLUBS ACTS, 1904 TO 1927, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [4th July, 1960.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title, construction and collective citation.

1.—(1) This Act may be cited as the Intoxicating Liquor Act, 1960.

(2) This Act, in so far as it amends and extends the Licensing Acts, 1833 to 1953, shall be construed as one therewith and may be cited together therewith as the Licensing Acts, 1833 to 1960, and, in so far as it amends and extends the Registration of Clubs Acts, 1904 to 1927, shall be construed as one therewith and may be cited together therewith as the Registration of Clubs Acts, 1904 to 1960.

Interpretation.

2.—(1) In this Act, save where the context otherwise requires—

“the Act of 1902” means the Licensing (Ireland) Act, 1902 ;

“the Act of 1910” means the Finance (1909-10) Act, 1910 ;

“the Act of 1927” means the Intoxicating Liquor Act, 1927 ;

“the Act of 1943” means the Intoxicating Liquor Act, 1943 ;

“the Court” means, in relation to proceedings in respect of the grant of an on-licence, the Circuit Court, and, in relation to proceedings in respect of an off-licence or the renewal or transfer of an on-licence, the District Court;

“Court area” means a District Court area prescribed by law for the purposes of the transaction of licensing business;

“licence” means a licence for the sale of intoxicating liquor for the grant of which the production of a certificate of the Court is required, and cognate words shall be construed accordingly.

(2) References in this Act to any enactment shall, save where the context otherwise requires, be construed as references to that enactment as amended by any subsequent enactment including this Act.

Repeals.

3.—Each enactment mentioned in the second column of the Schedule to this Act is hereby repealed to the extent mentioned in the third column of that Schedule opposite the mention of that enactment.

PART II.

Prohibited Hours.

Prohibited hours generally.

4.—Section 2 (which relates to prohibited hours) of the Act of 1927 is hereby amended by the substitution for subsections (1) and (2) (both inserted by the Act of 1943) of the following subsections, and the Act of 1927 and in particular subsections (4) and (5) of the said section 2 shall be construed and have effect accordingly:

“(1) Save as is otherwise provided by this Act, it shall not be lawful for any person to sell or expose for sale any intoxicating liquor or to open or keep open any premises for the sale of intoxicating liquor or to permit any intoxicating liquor to be consumed on licensed premises—

(a) on any week-day, before the hour of half-past ten o'clock in the morning or—

(i) during the months of June, July, August and September, after the hour of half-past eleven o'clock in the evening, or

(ii) during any other month, after the hour of eleven o'clock in the evening,

or, if the premises are situate in a county borough, (subject to the exceptions hereinafter mentioned) between the hours of half-past two o'clock and half-past three o'clock in the afternoon, or

(b) on Saint Patrick's Day or any Sunday, before the hour of half-past twelve o'clock in the afternoon or between the hours of two o'clock and five o'clock in the afternoon or—

(i) during the months of June, July, August and September, after the hour of nine o'clock in the evening, or

(ii) during any other month, after the hour of eight o'clock in the evening,

or

(c) at any time on Christmas Day or Good Friday.

(2) The exceptions referred to in paragraph (a) of the foregoing subsection are:

(a) that between the hours of half-past two o'clock and half-past three o'clock in the afternoon on any week-day the holder of an on-licence attached to premises situate in a county borough may receive on the premises orders (accompanied or not accompanied by payment) by post, telegraph or telephone but not otherwise for intoxicating liquor to be consumed off the premises and to be delivered by the holder at the residence of the person so ordering the same or at a railway station but not otherwise and may so deliver the intoxicating liquor so ordered, but the person so ordering the intoxicating liquor shall not for the purposes of any other section of this Act be a person to whom intoxicating liquor may be lawfully sold or supplied on the premises between the said hours on the said days, and

(b) that between the hours of half-past two o'clock and half-past three o'clock in the afternoon on any week-day the holder of an off-licence attached to premises situate in a county borough may receive verbally or otherwise on such premises orders (accompanied or not accompanied by payment) for intoxicating liquor to be consumed off the premises and to be delivered by the holder at the residence of the person ordering the same or at a railway station but not otherwise and may so deliver the intoxicating liquor so ordered and may open and keep open the said premises for the purpose of receiving such orders and may expose on the premises intoxicating liquor for sale on such orders.”

Exemptions for hotels and restaurants.

5.—The following section is hereby substituted for section 13 of the Act of 1927:

“13. Nothing in this Act shall operate to prohibit the holder of an on-licence in respect of premises which are for the time being a hotel or restaurant from supplying intoxicating liquor to any person on the premises or from permitting intoxicating liquor to be consumed on the premises—

(a) on any week-day—

(i) during the months of June, July, August and September, after the hour of half-past eleven o'clock in the evening, or

(ii) during any other month, after the hour of eleven o'clock in the evening,

or, if the premises are situate in a county borough, between the hours of half-past two o'clock and half-past three o'clock in the afternoon, or

(b) on Saint Patrick's Day, or, unless his licence is a six-day licence, any Sunday, between the hours of two o'clock and three o'clock in the afternoon, or—

(i) during the months of June, July, August and September, between the hours of nine o'clock and ten o'clock in the evening, or

(ii) during any other month, between the hours of eight o'clock and ten o'clock in the evening,

or

(c) on Christmas Day, between the hours of one o'clock and three o'clock in the afternoon or the hours of seven o'clock and ten o'clock in the evening,

if, in each case, the intoxicating liquor is—

(I) ordered by that person at the same time as a substantial meal is ordered by him,

(II) consumed at the same time as and with the meal,

(III) supplied and consumed in the portion of the premises usually set apart for the supply of meals, and

(IV) paid for at the same time as the meal is paid for.”

Prohibited hours in club.

6.—(1) The following section is hereby substituted for section 56 of the Act of 1927:

“56.—(1) In order that a club may be eligible to be registered under the Registration of Clubs Acts, 1904 to 1960, the rules of the club shall (in addition to the matters mentioned in section 4 of the Registration of Clubs (Ireland) Act, 1904 ) provide that, subject to the exceptions specified in subsection (2) of this section, no excisable liquor shall be supplied for consumption on the club premises to any person (other than a member of the club lodging in the club premises) or be consumed on the club premises by any person (other than a member of the club lodging in the club premises)—

(a) on any week-day, before the hour of half-past ten o'clock in the morning or—

(i) during the months of June, July, August and September, after the hour of half-past eleven o'clock in the evening, or

(ii) during any other month, after the hour of eleven o'clock in the evening,

or, if the club is situate in a county borough, between the hours of half-past two o'clock and half-past three o'clock in the afternoon, or

(b) on Saint Patrick's Day or on any Sunday, before the hour of half-past twelve o'clock in the afternoon or between the hours of two o'clock and five o'clock in the afternoon or—

(i) during the months of June, July, August and September, after the hour of nine o'clock in the evening, or

(ii) during any other month, after the hour of eight o'clock in the evening,

or

(c) at any time on Christmas Day or Good Friday.

(2) Nothing contained in the Registration of Clubs Acts, 1904 to 1960, or contained by virtue only of the operation of subsection (1) of this section, in the rules of a club registered under those Acts shall operate to prohibit the supplying for consumption on the club premises of excisable liquor to any person or the consumption of excisable liquor on the club premises by any person—

(a) on any week-day—

(i) during the months of June, July, August and September, after the hour of half-past eleven o'clock in the evening, or

(ii) during any other month, after the hour of eleven o'clock in the evening,

or, if the club is situate in a county borough, between the hours of half-past two o'clock and half-past three o'clock in the afternoon, or

(b) on Saint Patrick's Day or any Sunday, between the hours of two o'clock and three o'clock in the afternoon, or—

(i) during the months of June, July, August and September, between the hours of nine o'clock and ten o'clock in the evening, or

(ii) during any other month, between the hours of eight o'clock and ten o'clock in the evening,

or

(c) on Christmas Day, between the hours of one o'clock and three o'clock in the afternoon or the hours of seven o'clock and ten o'clock in the evening,

if, in each case, the excisable liquor is—

(I) ordered by that person at the same time as a substantial meal is ordered by him,

(II) consumed at the same time as and with the meal,

(III) supplied and consumed in the portion of the club premises usually set apart for the supply of meals, and

(IV) paid for at the same time as the meal is paid for.

(3) The Dublin Metropolitan District shall be deemed to be a county borough for the purposes of this section.

(4) In this section ‘week day’ and ‘Sunday’ have the meanings assigned to them by section 1 of this Act.”

(2) (a) For the purposes of the Registration of Clubs Acts, 1904 to 1960, the rules of a club which at the date of the passing of this Act is registered under those Acts shall, during the transitional period, be deemed to be in conformity with the provisions of section 56, as amended by this section, of the Act of 1927.

(b) In this subsection “transitional period” means the period beginning on the date of the passing of this Act and ending, either, when the certificate of registration of the club which is in force two months after that date expires, or, if it should sooner happen, when the rules of the club are brought into conformity with the said section 56, as so amended.

Prohibited hours in licensed holiday camps.

7.—(1) Notwithstanding anything contained in section 53 of the Act of 1952—

(a) section 2 (which relates to prohibited hours) of the Act of 1927 shall, subject to subsection (2) of this section, apply in relation to premises licensed by virtue of Chapter III (which relates to the licensing of holiday camps) of Part VI of the Act of 1952, and

(b) section 13 (which relates to exemptions from prohibited hours for licensed hotels and restaurants), other than paragraph (IV) thereof, of the Act of 1927 shall apply in relation to premises licensed by virtue of the said Chapter III in like manner as it applies in relation to premises which are for the time being a hotel or restaurant.

(2) Nothing in section 2 of the Act of 1927 shall operate to prohibit the licensee of a premises licensed by virtue of the said Chapter III from—

(a) supplying intoxicating liquor to be consumed on the premises to a person who for the time being is bona fide lodging in the holiday camp which comprises or includes the said premises, or

(b) permitting intoxicating liquor to be consumed on the said premises by such a person—

(i) on Saint Patrick's Day or any Sunday (other than a Sunday which is Christmas Day)—

(I) during the months of June, July, August and September, between the hours of nine o'clock and half-past ten o'clock in the evening, or

(II) during any other month, between the hours of eight o'clock and, during a period of summertime, half-past ten o'clock in the evening, or, during a period which is not a period of summertime, ten o'clock in the evening,

or

(ii) on Christmas Day, between the hours of half-past seven o'clock and ten o'clock in the evening, or

(iii) on Good Friday, between the hours of six o'clock and nine o'clock in the evening, if, in this case, the intoxicating liquor is—

(I) ordered by such a person at the same time as a substantial meal is ordered by him, and

(II) consumed at the same time as and with the meal, and

(III) supplied and consumed in the portion of the said premises usually set apart for the supply of meals.

(3) In this section “the Act of 1952” means the Tourist Traffic Act, 1952.

Mixed trading.

8.—Section 3 (which relates to mixed trading) of the Act of 1927 is hereby amended by the substitution for subsections (1) and (2) of the following subsection:

“(1) Where—

(a) any business other than the sale of intoxicating liquor (in this section referred to as non-licensed business) is carried on in any premises to which an on-licence or an off-licence is attached (other than premises to which a wine retailer's off-licence within the meaning of the Finance (1909-10) Act, 1910 , and no other off-licence is attached), and

(b) the portion of the premises in which the non-licensed business is carried on is not structurally separated from the remainder of the premises,

the opening or keeping open of the premises for the purpose of carrying on the non-licensed business shall for the purposes of this Act be deemed to be an opening or keeping open of the premises for the sale of intoxicating liquor save and except—

(i) in the case of premises to which an on-licence is attached, between the hours of nine o'clock and half-past ten o'clock in the morning on week-days, and

(ii) in the case of premises to which an off-licence is attached, between the hours of nine o'clock and half-past ten o'clock in the morning on week-days and, if the premises are situate in a county borough, between the hours of half-past two o'clock and half-past three o'clock in the afternoon on week-days.”

Limited restaurant certificate.

9.—The Act of 1927 is hereby amended by the insertion after section 12 of the following section:

“12A. (1) Where on application to a Justice of the District Court in relation to premises to which an on-licence is attached or on the occasion of an application for a new on-licence, the applicant requests the Court to certify that any portion of the premises to which the application relates is a restaurant for the purposes of section 13 of this Act, the Court, if satisfied, in relation to that portion of the premises, after hearing the officer in charge of the Garda Síochána for the licensing area that—

(a) it is structurally adapted for use and bona fide and mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public,

(b) it does not include a public bar or part of a room in another part of which there is a public bar, and

(c) there is public access to it otherwise than through a public bar,

shall grant to the applicant a certificate (in this section referred to as a limited restaurant certificate) certifying that that portion of the premises is a restaurant for the purposes of section 13 of this Act.

(2) The Court shall not entertain an application for a limited restaurant certificate unless and until satisfied that not less than ten days before the date on which the application is proposed to be made notice in writing of the intention to make the application was given to the officer in charge of the Garda Síochána for the licensing area.

(3) Every limited restaurant certificate shall unless sooner revoked under this section remain in force until the next annual licensing district court for the licensing area.

(4) A Justice of the District Court may, on the application of the officer in charge of the Garda Síochána for the licensing area, at any time revoke a limited restaurant certificate if he is satisfied, after hearing the officer and the holder of the certificate, that the portion of the premises to which the certificate relates has ceased to be structurally adapted for use or to be bona fide or mainly used as a restaurant, refreshment house or other place for the supplying of substantial meals to the public or that it includes a public bar or part of a room in another part of which there is a public bar or that there is no public access to it otherwise than through a public bar.

(5) Every holder of a limited restaurant certificate shall cause the certificate to be displayed prominently in the portion of the premises to which the certificate relates.

(6) Where, in relation to any portion of a licensed premises, a limited restaurant certificate is in force—

(a) the portion of the premises to which the certificate relates shall be deemed, for the purposes of section 13 of this Act, but not otherwise, to be premises which are for the time being a restaurant, and

(b) subsection (1) of section 17 of this Act shall be construed and have effect in relation to a person who is found on those premises at a time specified in the said section 13 at which the consumption of intoxicating liquor is permitted with a meal as if references therein (other than the reference in paragraph (b)) to a licensed premises were references to a public bar in licensed premises.

(7) In this section ‘public bar’ includes any place exclusively or mainly used for the sale and consumption of intoxicating liquor.”

Duration of general exemption orders.

10.—Section 4 (which relates to general exemption orders) of the Act of 1927 is hereby amended by the insertion after subsection (9) of the following subsection:

“(10) A general exemption order in respect of premises shall, unless withdrawn under subsection (6) of this section or expressed to expire sooner, remain in force until the annual licensing district court for the licensing area in which the premises are situate next following the granting of the order is held and shall then expire.”

Meaning of “special occasion” in relation to special exemption orders.

11.—Section 5 (which relates to special exemption orders) of the Act of 1927 is hereby amended by the insertion after subsection (4) of the following subsection:

“(5) In this section ‘special occasion’ means the occasion of a special event in the premises in relation to which the special exemption order is sought.”

Offences in relation to prohibited hours.

12.—The Act of 1927 is hereby amended by the deletion of section 17 and the substitution therefor of the following section—

“17.—(1) Subject to subsections (2) and (4) of this section, a person who is found on any licensed premises during any time in which the sale of intoxicatingd liquor on such premises is prohibited by this Act shall, unless he is either—

(a) the holder of the licence or the owner of the premises, or

(b) resident permanently or temporarily on the premises, or

(c) a person to whom intoxicating liquor may lawfully be sold or supplied on the premises at that time, or

(d) carrying out construction, decorative, repair, replacement or maintenance work in relation to the premises or any of the fittings or equipment thereon,

(e) in the employment of the holder of the licence or of the owner of the premises and is on the premises in the ordinary course of such employment, or

(f) an officer of customs and excise in the course of his duty as an officer,

be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine of not less than one pound and not more than five pounds.

(2) Where any business other than the sale of intoxicating liquor (in this subsection referred to as non-licensed business) is carried on in any licensed premises and the portion of the premises in which the non-licensed business is carried on is not structurally separated from the remainder of the premises, subsection (1) of this section shall not apply in relation to the premises during any time in which the premises are lawfully open for the carrying on of the non-licensed business.

(3) Subject to subsection (4) of this section, a person who consumes intoxicating liquor on any licensed premises during any time in which the sale of intoxicating liquor on such premises is prohibited by this Act shall, unless he is a person as respects whom the relevant requirements of this Act for the lawful sale or supply of intoxicating liquor on those premises at that time are satisfied, be guilty of an offence under this subsection and shall be liable on summary conviction to a fine of not less than one pound and not more than five pounds.

(4) A person shall not be convicted of an offence under both subsection (1) and subsection (3) of this section in respect of the same occasion.”

PART III.

Licensing.

New Licences.

Grant of new licence in rural area in substitution for two existing licences.

13.—(1) Where a person (in this section referred to as the applicant) duly gives notice of his intention to apply for a licence in respect of premises (in this section referred to as the new premises) to which no licence is attached and, at the proceedings in the Court in relation to such application, the applicant shows to the satisfaction of the Court that—

(a) in respect of each of two premises (in this section referred to as the existing premises) a licence is in force and in respect of each licence either—

(i) the applicant is the holder thereof, or

(ii) if he is not the holder thereof he has procured the consent of the holder thereof to the extinguishing of the licence if and when a licence in respect of the new premises is granted to the applicant pursuant to this section,

(b) the licences (in this section referred to as the old licences) attached to the existing premises are of the same character,

(c) the rateable valuation of the new premises is not less than ten pounds, and

(d) the new premises are not situate in a county or other borough, an urban district or a town,

the Court shall, notwithstanding anything contained in the Act of 1902, cause a certificate to be given to the applicant entitling him to receive a licence in respect of the new premises, unless the Court in its absolute discretion prohibits the issuing of the licence—

(I) on the ground of the character, misconduct or unfitness of the applicant, the unfitness or inconvenience of the new premises or the number of previously licensed premises in the neighbourhood, or

(II) on the ground that the existence of a licence for the new premises would be unreasonably detrimental to the business then carried on in some premises licensed for the sale by retail of intoxicating liquor in the neighbourhood.

(2) (a) The licence granted in pursuance of this section shall be of the same character and be subject to the same conditions as the licences attached to the existing premises.

(b) Nothing in the Act of 1902 shall prevent the grant of the new licence.

(c) Upon the grant of the new licence, the licences attached to the existing premises (in this section referred to as the old licences) shall be extinguished.

(d) Any conviction which became recorded on either of the old licences under section 25 of the Act of 1927 at a time (if any) when the applicant was the holder of the licence and which is still recorded thereon at the time of the grant of the new licence by the Revenue Commissioners shall be deemed to be recorded on the new licence under that section and to have been so recorded on the date when it became recorded on the old licence, provided that if more than two convictions are so recorded on the old licences, only the latest two shall be deemed to be recorded on the new licence.

(e) Upon the grant of the new licence, the existing premises shall, for the purposes of the Act of 1902, be deemed never to have been licensed.

Grant of new licence in respect of premises substituted for demolished premises.

14.—(1) Where a person (in this section referred to as the applicant) duly gives notice of his intention to apply for a licence in respect of premises (in this section referred to as the new premises) to which no licence is attached and at the proceedings in the Court in relation to such application, the applicant shows to the satisfaction of the Court—

(a) that premises (in this section referred to as the original premises) were demolished not more than two years before the date on which the said notice by the applicant was served on the County Registrar or District Court Clerk, as the case may be, and

(b) that a licence was attached to the original premises when they were so demolished, and

(c) that at the time of the said hearing before the Court the new premises are lawfully occupied by the applicant and—

(i) that they are located on the site of the original premises, or

(ii) if they are not so located, that they are located, either, partly on that site or in the immediate vicinity and that the location of the new premises where they are rather than on the site of the original premises is unlikely of itself to have a materially adverse effect on the business carried on in any licensed premises in the neighbourhood, and

(d) that at the time of the said hearing before the Court the applicant is in lawful occupation of the site and any remains of the original premises or that he has procured the consent of the lawful occupier of such site and remains to the making of the application, and if the licence referred to in paragraph (b) of this subsection is then subsisting, to the extinguishing thereof if and when a licence is granted pursuant to this section, and

(e) that the new premises are more suitable than the original premises for the business of selling intoxicating liquor,

the Court shall, notwithstanding anything contained in the Act of 1902, cause such certificate as is mentioned in section 5 of the Licensing (Ireland) Act, 1833 , to be given to the applicant declaring him to be duly entitled to receive a licence in respect of the new premises, unless the Court, in consequence of an objection made under section 4 of that Act, prohibits under that section the issuing of such licence on one or more of the following grounds, that is to say, the character, misconduct, or unfitness of the applicant or the unfitness of the new premises.

(2) Where, in a case to which the foregoing subsection of this section applies, the certificate referred to in that subsection is given to the applicant, the following provisions shall apply and have effect, that is to say:—

(a) the licence (in this subsection referred to as the new licence) to which the applicant is declared by the said certificate to be entitled and which is granted to him in pursuance of that certificate shall be a licence of the same character in all respects (including conditions inserted therein) as the licence (in this subsection referred to as the old licence) which was attached to the original premises when they were so demolished;

(b) nothing in the Act of 1902 shall operate to prevent the grant of the new licence to the applicant;

(c) upon the grant of the new licence, the old licence (if then subsisting) shall be extinguished;

(d) any conviction which became recorded on the old licence under section 25 of the Act of 1927 at a time (if any) when the applicant was the holder of the licence and which, either, is still recorded thereon or would, but for the expiry of that licence, be still recorded thereon at the time of the grant of the new licence by the Revenue Commissioners shall be deemed to be recorded on the new licence under that section and to have been so recorded on the date when it became recorded on the old licence;

(e) upon the grant of the new licence, the original premises shall, for the purposes of the Act of 1902, be deemed never to have been licensed.

(3) Where, before the demolition of the original premises, an application in relation to the new premises or (if the new premises have not been constructed) the proposed new premises is made to the Court under section 15 of this Act, the original premises shall be deemed, for the purposes of that section, but not otherwise, to have been demolished, but an application under section 17 of this Act in respect of the new premises shall not be granted unless the Court (being otherwise satisfied, having regard to the provisions of that section, to grant the application) is satisfied that the original premises have been demolished.

Declaration as to fitness and convenience of proposed licensed premises or as to suitability of proposed registered club premises.

15.—(1) Where a person proposes to acquire, construct or alter premises (not being premises in relation to which an application may be brought under section 8 of the Intoxicating Liquor Act, 1953 ) and to apply to the Circuit Court or the District Court, as may be appropriate, for the grant of a certificate entitling him to receive a licence in respect of the premises, he may apply to that Court for a declaration that the premises would be fit and convenient to be so licensed, and, if he shows to the satisfaction of the Court—

(a) that, if the acquisition, construction or alteration, as the case may be, of the premises were then completed and the application for the grant of the certificate aforesaid were then made and no objection on the ground of the character, misconduct or unfitness of the applicant were made on the hearing of the application, it would be proper, having regard to the provisions of the Licensing Acts, 1833 to 1960, to grant the application, and

(b) in any case where the applicant proposes to construct premises, that he is the holder of the lowest estate or tenancy in the site on which it is proposed to construct the premises or, if he is not such holder, that the holder thereof has agreed to convey the lowest estate or tenancy in the site to the applicant if and when a declaration under this section is made in relation to the site,

the Court, if it is so satisfied, may grant the application on such terms as the Court may think fit.

(2) Where a club proposes to acquire, construct or alter premises for its occupation and to apply to the Circuit Court or District Court, as may be appropriate, for the grant or renewal of a certificate of registration under the Act of 1904 applicable to those premises, it may apply to that Court for a declaration—

(a) that the premises would be suitable for the grant or renewal, as the case may be, of a certificate of registration under the Act of 1904 applicable thereto, and

(b) if the application is for the grant of such certificate, that the number of clubs registered under the Act of 1904 which are of the character of the club so applying and have premises in the district in which the premises the subject of the application are situate would not be such as to require the refusal of the application,

and the Court, if it is so satisfied, may grant the application on such terms as it may think fit.

(3) The intending applicant under subsection (1) or subsection (2) of this section shall—

(a) cause to be inserted, at least twenty-one days before the making of the intended application, in a newspaper circulating in the place in which it is proposed to have the premises, notice of intention to make the application,

(b) give the Superintendent of the Garda Síochána, within whose district it is proposed to have the premises, at least twenty-one days' notice in writing of intention to make the application, and

(c) cause to be deposited with the said Superintendent a copy of the plans of the premises.

(4) The application shall be accompanied by a plan of the premises.

(5) In relation to premises the subject of an application under subsection (1) of this section, any person who would be entitled to object to an application for the grant of a certificate entitling the applicant to receive a licence in respect of the premises shall be entitled to object in like manner to an application under subsection (1) of this section and, in relation to premises the subject of an application under subsection (2) of this section, any person who would be entitled to object to an application for the grant or renewal of a certificate of registration under the Act of 1904 applicable to the premises shall be entitled to object in like manner to an application under subsection (2) of this section.

(6) A declaration under subsection (1) or subsection (2) of this section shall remain in force for two years from the grant of the application or for such longer period as the Court granting the application may in any particular case think proper to provide.

(7) Where, in respect of any premises, or proposed premises, either a declaration under subsection (1) of this section is in force but a licence has not been granted since the granting of the declaration, or a declaration under subsection (2) of this section is in force but a certificate of registration under the Act of 1904 applicable thereto has not been granted since the granting of the declaration, those premises shall, for the purposes of an objection to an application for the grant of a certificate entitling the applicant to receive a licence or the grant of a certificate of registration under the Act of 1904 applicable thereto, as the case may be, or to an application under subsection (1) or subsection (2), as the case may be, of this section, but for no other purpose, be deemed to be a licensed premises or a club registered under the Act of 1904, as the case may be.

(8) In this section “the Act of 1904” means the Registration of Clubs (Ireland) Act, 1904 .

Declaration as to suitability of licensed premises for restaurant certificate or limited restaurant certificate.

16.—(1) Where a person proposes to acquire, construct or alter premises and to apply for the grant of a restaurant certificate, within the meaning of section 12 of the Act of 1927, in relation to the premises, he may apply to the Court to which it is proposed to apply for the grant of the restaurant certificate for a declaration that the premises would be structurally adapted for use as a restaurant, refreshment house or other place for supplying substantial meals to the public, and the Court, if it is so satisfied, may grant the application on such terms as it may think fit.

(2) Where a person proposes to acquire, construct or alter premises and to apply for the grant of a limited restaurant certificate, within the meaning of section 12A of the Act of 1927, in relation to any portion of the premises, he may apply to the Court to which it is proposed to apply for the grant of the limited restaurant certificate for a declaration that—

(a) that portion of the premises would be structurally adapted for use as a restaurant, refreshment house or other place for supplying substantial meals to the public,

(b) that portion of the premises would not include a public bar, or part of a room in another part of which there would be a public bar, and

(c) there would be public access to that portion of the premises otherwise than through a public bar,

and the Court, if it is so satisfied, may grant the application on such terms as it may think fit.

(3) The intending applicant under either of the foregoing subsections of this section shall give the Superintendent of the Garda Síochána, within whose district it is proposed to have the premises, at least ten days' notice in writing of intention to make the application and cause to be deposited with the said Superintendent a copy of the plans of the premises.

(4) An application under either subsection (1) or subsection (2) of this section shall be accompanied by a plan of the premises.

(5) A declaration under this section shall remain in force for two years from the grant of the application or for such longer period as the Court granting the application may in any particular case think proper to provide.

(6) In this section “public bar” includes any place exclusively or mainly used for the sale and consumption of intoxicating liquor.

Licensing or certification of premises the subject of a declaration.

17.—(1) If, on the hearing of an application for the grant of a: certificate entitling the applicant to receive a licence in respect of any premises, it is shown to the satisfaction of the Court that a declaration has been made by the Court under subsection (1) of section 15 of this Act and that the premises have been acquired, constructed or altered in substantial accordance with the terms of the declaration, it shall not be open to the Court to refuse the application—

(a) in a case where it is made pursuant to section 21 of the Act of 1943, on any ground, and

(b) in any other case, on any ground other than the character misconduct or unfitness of the applicant.

(2) If, on the hearing of an application for a grant or renewal of a certificate of registration under the Act of 1904 applicable to any premises, it is shown to the satisfaction of the Court hearing the application that a declaration has been made by the Court under subsection (2) of section 15 of this Act and that the premises have been acquired, constructed or altered in substantial accordance with the terms of the declaration, the Court shall not receive any objection to the application grounded upon the unsuitability of the premises or upon the number of clubs registered under the Act of 1904 which are of the character of the club making the application and have premises situate in the district in which the premises the subject of the application are situate.

(3) A declaration under section 41 of the Tourist Traffic Act, 1952 which is in force at the commencement of this Act, shall, notwithstanding the repeal of that section, remain in force for the period provided for in subsection (5) thereof and shall be deemed for the purposes of subsection (7) of section 15 of this Act and subsection (1) of this section to be a declaration under subsection (1) of section 15 of this Act.

(4) If, on the hearing of an application for the grant of a restaurant certificate, within the meaning of section 12 of the Act of 1927, in relation to any premises it is shown to the satisfaction of the Court that a declaration has been made under subsection (1) of section 16 of this Act and that the premises have been acquired, constructed or altered in substantial accordance with the terms of the declaration, it shall not be open to the Court to refuse the application on any ground other than that the premises are not bona fide and mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public.

(5) If, on the hearing of an application for the grant of a limited restaurant certificate, within the meaning of section 12A of the Act of 1927, in relation to any portion of a premises it is shown to the satisfaction of the Court that a declaration has been made under subsection (2) of section 16 of this Act and that the premises have been acquired, constructed or altered in substantial accordance with the terms of the declaration, it shall not be open to the Court to refuse the application on any ground other than that that portion of the premises is not bona fide and mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public.

(6) In this section references to declarations are references to declarations that are in force.

Use of map in describing premises.

18.—Premises may be described in a declaration or certificate under any of the preceding sections of this Part of this Act by reference to a map attached thereto.

Hotels.

Public bars in hotels in certain cases.

19.—(1) Where a person who holds a licence in respect of a hotel which was granted by virtue of paragraph (2) of section 2 of the Act of 1902 shows to the satisfaction of the District Court, on application thereto at any sitting thereof for the Court area in which the hotel is situate, that, in respect of an ordinary seven-day licence (not being a licence granted by virtue of paragraph (2) of section 2 of the Act of 1902), either—

(a) he is the holder thereof, or

(b) he has procured the consent of the holder to the extinguishing thereof,

the Court may order that the ordinary seven-day licence be extinguished.

(2) When an order under subsection (1) of this section is made—

(a) it shall be lawful, notwithstanding anything contained in the Act of 1902, to have in the hotel a public bar for the sale of intoxicating liquor,

(b) the ordinary seven-day licence shall be extinguished, and

(c) if the premises to which the ordinary seven-day licence was attached immediately before the making of the order were premises to which paragraph (1) of section 2 of the Act of 1902 applied, that paragraph shall cease to apply to them.

(3) Where—

(a) a certificate entitling the holder thereof to receive a licence in respect of a hotel has been granted by virtue of paragraph (2) of section 2 of the Act of 1902, and

(b) on the hearing of the application for the grant of the certificate the holder—

(i) has indicated to the Court that he wishes to have in the hotel a public bar for the sale of intoxicating liquor and has shown, to the satisfaction of the Court, in relation to an ordinary seven-day licence (not being a licence granted by virtue of paragraph (2) of section 2 of the Act of 1902), either—

(I) that he is the holder thereof, or

(II) that he has procured the consent of the holder thereof to the extinguishing of the licence if and when a licence in respect of the hotel is granted, or

(ii) has shown to the satisfaction of the Court that an order has previously been made under this section in relation to the hotel,

then, the Court may by order direct that, upon the grant of the licence in respect of the hotel, the ordinary seven-day licence be extinguished.

(4) When an order under subsection (3) of this section is made, then, upon the grant of the licence in respect of the hotel—

(a) it shall be lawful, notwithstanding anything contained in the Act of 1902, to have in the hotel a public bar for the sale of intoxicating liquor,

(b) the ordinary seven-day licence shall be extinguished, and

(c) if the premises to which the ordinary seven-day licence was attached immediately before the making of the order, were premises to which paragraph (1) of section 2 of the Act of 1902 applied that paragraph shall cease to apply to them.

(5) In this section—

“hotel” means a house containing at least ten, or, if situate in a county borough (which expression shall be deemed for the purposes of this section to include the Dublin Metropolitan District), twenty apartments set apart and used exclusively for the sleeping accommodation of travellers and having no public bar for the sale of intoxicating liquor;

“ordinary seven-day licence” has the meaning assigned to it by subsection (2) of section 11 of the Act of 1927.

Requirement that certain licensed hotels be registered with Bord Fáilte Éireann.

20.—An application for a certificate for the renewal of a licence in respect of which effect was given to subsection (1) of section 42 of the Tourist Traffic Act, 1952 , or which was granted after the passing of this Act by virtue of paragraph (2) of section 2 of the Act of 1902 shall not be granted unless it is shown to the satisfaction of the Court hearing the application for the grant of the certificate that the hotel is registered in the register of hotels kept by Bord Fáilte Éireann.

Meaning of “hotel” in the Act of 1902.

21.—(1) Paragraph (2) (which provides for the licensing of hotels) of section 2 of the Act of 1902 is hereby amended by the substitution for “at least ten apartments” of “at least ten, or, if situate in a county borough (which expression shall be deemed, for the purposes of this section, to include the Dublin Metropolitan District), twenty apartments”.

(2) The amendment effected by subsection (1) of this section shall not operate to prevent the grant of a certificate entitling the holder to receive a licence by virtue of paragraph (2) of section 2 of the Act of 1902 in respect of a house containing more than nine and less than twenty apartments set apart and used exclusively for the sleeping accommodation of travellers, having no public bar for the sale of intoxicating liquor and situate in a county borough (which expression shall be deemed, for the purposes of this subsection, to include the Dublin Metropolitan District) if it is shown to the satisfaction of the Court hearing the application for the certificate—

(a) that a licence (in this subsection referred to as the former licence) which was granted by virtue of paragraph (2) of section 2 of the Act of 1902 in respect of the house has expired and has not since been renewed, and

(b) if the notice of the application for the certificate required to be given by rules of court to the appropriate County Registrar or the appropriate District Court Clerk, as the case may be, is given more than two years after the passing of this Act, that the day on which the former licence last expired is not more than five years before the day on which the notice aforesaid was given.

PART IV.

Miscellaneous.

Extension of powers of search and seizure under the Illicit Distillation (Ireland) Act, 1831.

22.—(1) Sections 17 and 18 (which sections relate to search for and seizure of illicit spirits) of the Act of 1831 are hereby extended as follows:—

(a) they shall apply in relation to a house or place irrespective of whether distillation does or does not take place therein, and

(b) they shall apply in relation to a house or place in which it is known or suspected that there are spirits in respect of which an offence under section 22 or section 23 (which sections relate to the possession of illicit spirits) of the Act of 1831 is being committed, and to any such spirits found therein.

(2) Nothing in section 18 of the Act of 1831, or in that section as extended by subsection (1) of this section, shall authorise the search without a warrant of a house used as a dwelling.

(3) A member of the Garda Síochána or an officer of customs and excise—

(a) if he has reasonable grounds for suspecting that a vehicle is being used in connection with the commission of an offence under section 25 (which relates to the movement of stills and spirits) of the Act of 1831, may require the driver thereof to halt the vehicle and may search the vehicle, and

(b) if he has reasonable grounds for suspecting that a person is engaged in the commission of an offence under the said section 25, may require the production by that person of any bottle or other container carried by him or on his person and may examine and test the contents of the bottle or container.

(4) If any person obstructs, resists or interferes with, or does not comply with a requirement of, a member of the Garda Síochána or an officer of customs and excise in the exercise of the powers conferred on him by subsection (3) of this section, he shall be guilty of an offence under the Act of 1831 and shall be liable on summary conviction thereof to an excise penalty of fifty pounds.

(5) In this section—

“the Act of 1831” means the Illicit Distillation (Ireland) Act, 1831 ;

“distillation” has the meaning it has in the Act of 1831;

“warrant” has the meaning it has in section 17 of the Act of 1831.

Amendment of section 2 of Act of 1902.

23.—(1) Section 2 (which restricts the grant of new licences) of the Act of 1902 is hereby amended by the substitution for paragraph (1) of the following paragraph:—

“(1) For premises (not being premises which were licensed by virtue of paragraph (2) of this section) which were licensed at any time during the period of five years immediately before the day on which notice of an application for the grant of a certificate entitling the holder to receive a licence in respect of the premises is given, pursuant to rules of court, to the appropriate County Registrar or to the appropriate District Court Clerk, as the case may be; or”.

(2) Subsection (1) of this section shall come into operation on the expiration of the period of two years beginning on the day of the passing of this Act.

Amendment of section 6 of Act of 1902.

24.—Section 6 (which provides for the licensing of premises adjoining premises licensed in 1902) of the Act of 1902 is hereby amended by the substitution for “at the date of the passing of this Act” of “at any time during the period of five years immediately before the day on which notice of an application for the grant of a certificate entitling the holder thereof to receive any such new licence is given, pursuant to rules of court, to the appropriate County Registrar or to the appropriate District Court Clerk, as the case may be”.

Amendment of section 19 of the Act of 1943.

25.—(1) Section 19 of the Act of 1943 is hereby amended by the deletion of the definitions of “licence”, “publican's licence” and “beerhouse licence” and the insertion of the following definition:

“licence” means a licence for the sale of intoxicating liquor for the grant of which the production of a certificate of the Circuit Court or of the District Court is required.

(2) Reference to the Circuit Court in sections 21 and 22 (which relate to the grant of new licences in respect of more convenient premises or premises substituted for destroyed premises) of the Act of 1943 shall, in relation to applications made thereunder by virtue of the amendment effected by subsection (1) of this section for certificates entitling the applicants to the grant of off-licences, be construed as references to the District Court and the reference in the said section 22 to the County Registrar shall, in relation to such applications, be construed as a reference to the District Court Clerk and the sections shall have effect accordingly.

Amendment of sections 21, 22 and 31 of the Act of 1943.

26.—(1) Notwithstanding anything contained in sections 21 or 31 of the Act of 1943 (which sections relate to the grant of licences in respect of more convenient premises and the transfer of beerhouse licences), where the person making an application under either of those sections is not the holder of the licence to be extinguished or transferred under the section but shows to the satisfaction of the Court hearing the application that he has procured the consent of the holder thereof to the extinguishing or transfer thereof, as the case may be, the application shall not be refused on the ground that the person making it was not the holder of the licence to be extinguished or transferred and the said sections shall be construed and have effect accordingly.

(2) Subsection (1) of section 22 (which relates to the grant of new licences in respect of premises substituted for destroyed premises) of the Act of 1943 is hereby amended by—

(a) the substitution in paragraph (a) of “two years” for “twelve months”, and

(b) the insertion in paragraph (c) after “remains thereof” of “or that he has procured the consent of the lawful occupier of such premises or of the site and remains thereof to the making of the application, and if the licence referred to in paragraph (b) of this subsection is then subsisting, to the extinguishing thereof if and when a licence is granted pursuant to this section”.

(3) (a) A conviction recorded on a licence transferred under the said section 31 shall, upon such transfer, cease for all purposes to be so recorded and shall be deemed never to have been so recorded.

(b) Where a new licence is granted to any person pursuant to an application under the said section 21 or the said section 22, a conviction recorded on the licence extinguished pursuant to the application (not being a conviction which became so recorded at a time, if any, when that person was the holder thereof) shall, notwithstanding anything contained in the said sections, not be deemed to be recorded on the new licence and the said sections shall be construed and have effect accordingly.

Grant of full licence for premises having a restricted licence.

27.—(1) In this section—

“full licence” means a publican's licence within the meaning of Part II of the Act of 1910 which is neither a six-day licence nor an early-closing licence;

“restricted licence” means—

(a) a publican's licence which is not a full licence, or

(b) a beerhouse licence within the meaning of Part II of the Act of 1910.

(2) Where a person who holds a restricted licence in respect of any premises (in this subsection and in subsection (3) of this section referred to as the relevant premises) shows to the satisfaction of the District Court on application thereto at any sitting thereof for the Court area in which the relevant premises are situate that, in relation to—

(a) another restricted licence in respect of premises situate in that Court area, or

(b) each of two other restricted licences in respect of premises both of which are situate elsewhere than in that Court area, or

(c) a full licence,

either—

(i) he is the holder thereof, or

(ii) he has procured the consent of the holder thereof to the extinguishing thereof if and when a full licence in respect of the relevant premises is granted pursuant to this section,

the Court shall cause a certificate to be given to that person entitling him to receive a full licence in respect of the relevant premises.

(3) Upon the grant pursuant to an application under subsection (2) of this section of the full licence in respect of the relevant premises—

(a) the restricted licence in respect of the relevant premises shall be extinguished, and

(b) the other licence or licences, as the case may be, to which the application related shall be extinguished and the other premises or each of the other premises, as the case may be, to which the application related shall, for the purposes of the Act of 1902, be deemed never to have been licensed.

(4) Notwithstanding anything contained in the Licensing Acts, 1833 to 1960, the Revenue Commissioners shall, upon application within two years after the passing of this Act by a person who holds a restricted licence in respect of any premises and upon payment by that person of the sum of two hundred pounds to the Revenue Commissioners, grant to that person a full licence in respect of the premises.

(5) Upon the grant under subsection (4) of this section of a full licence in respect of any premises, the restricted licence in respect thereof shall be extinguished.

(6) The sum payable under subsection (4) of this section in relation to the grant of a licence shall be in addition to and not in substitution for any sum payable on the licence under section 43 of the Act of 1910.

(7) (a) There shall be established a fund which shall be managed by the Minister for Finance and shall be known as the Restricted Licences Conversion Fund and all sums received by the Revenue Commissioners under subsection (4) of this section shall be paid by them to that Minister for the credit of the Fund.

(b) The assets of the Fund shall be disposed of in such manner and for such purposes as may be determined by Act of the Oireachtas.

(c) An account of the Fund shall be prepared for each financial year by the Minister for Finance and the account shall be audited by the Comptroller and Auditor General and, together with the report of the Comptroller and Auditor General thereon, shall be laid before each House of the Oireachtas.

Transfer of licences held by nominees.

28.—A licence held by a nominee of a body corporate in respect of premises in which the lowest estate or tenancy is held by the body corporate may, on application by the body corporate to the Court at any sitting thereof for the Court area within which the premises are situate, be transferred, by endorsement made by the Court on the licence or, if the licence is not available, on a copy thereof, to such other person as the body corporate may nominate.

Transfer of off-licences.

29.—The provisions of section 1 (which relates to the interim transfer of licences by the Court) of the Public House (Ireland) Act, 1855 , shall apply in relation to off-licences for the grant of which the production of a certificate of the Court is required.

Power in certain cases to grant transfers or renewals of licences in respect of premises to persons other than the owners.

30.—(1) Where the holder of a licence in respect of any premises (not being a person who holds the licence as a nominee) ceases, for any reason other than death, transfer of the premises or forfeiture of the licence, to carry on the business authorised by the licence, and, if he is ordinarily resident in the State, either ceases to be so resident or cannot be found, the Court may, subject to the provisions of the Licensing Acts, 1833 to 1960, on due application being made to it at any sitting thereof for the Court area within which the premises are situate—

(a) if the licence has not expired, transfer the licence to the applicant, in accordance with the provisions of section 1 of the Public House (Ireland) Act, 1855 , and

(b) if the licence has expired and the application is made within one year after such expiry, grant to the applicant the certificate or certificates required to be produced before a renewal of the licence is granted in respect of the premises, and, for the purposes of the application and of the grant of the renewal of the licence by the Revenue Commissioners, the applicant shall be deemed to be the holder of the lowest estate or tenancy in the premises.

(2) An application to the Court under subsection (1) of this section shall not be granted if—

(a) the holder of the licence objects, or

(b) the Court does not consider that the applicant is a suitable person in all the circumstances to be granted the certificate.

(3) Where an application under subsection (1) of this section in respect of a licence is granted by the Court after the licence has expired, the licence shall be deemed to have been renewed immediately after the expiration thereof.

(4) Where the holder of a licence to whom a transfer or renewal thereof was granted by virtue of subsection (1) of this section applies to the Court for the grant of the certificate or certificates required to be produced before a grant of a renewal of the licence is made, he shall be deemed, for the purposes of the application and of the grant of the renewal of the licence by the Revenue Commissioners to be the holder of the lowest estate or tenancy in the premises to which the licence relates.

(5) The holder of the lowest estate or tenancy in any premises in respect of which a licence which is in force, is not held by him and has been transferred or renewed by virtue of the foregoing provisions of this section shall be entitled, on due application being made to the Court—

(a) to have the licence in respect of the premises transferred to him in accordance with the provisions of section 1 of the Public House (Ireland) Act, 1855 , and

(b) whether the licence has or has not been transferred to him under paragraph (a) of this subsection, to be granted, subject to the provisions of the Licensing Acts, 1833 to 1960—

(i) in case he is the person referred to in subsection (1) of this section as the holder of the licence, the certificate or certificates required to be produced before a renewal of the licence is granted, and

(ii) in any other case, the certificate or certificates required to be produced before the grant of a licence by way of transfer is made in respect of the premises.

(6) A licence in respect of any premises which has been transferred or renewed by virtue of subsection (1) of this section and is held by a person other than the holder of the lowest estate or tenancy in the premises shall not be capable of being extinguished under or for the purposes of section 4 of the Act of 1902, section 11 of the Act of 1927, section 21 or section 31 of the Act of 1943 or section 13 or section 19 of this Act.

Objection by health authority to grant of licences.

31.—Section 4 (which relates to objections to applications for certificates for licences) of the Licensing (Ireland) Act, 1833 , is hereby amended by the insertion after “inhabitant of said parish” of “or the health authority within the meaning of the Health Acts, 1947 to 1958, in whose functional area the house is situate”.

Objection to renewal of licences on ground of unfitness of premises.

32.—(1) Any person may object to an application to the Court for the grant of a certificate under section 11 (which relates to the renewal of licences) of the Spirits (Ireland) Act, 1854 , in relation to any premises on the ground of the unfitness of the premises to be licensed and, subject to subsection (2) of this section, if the Court is satisfied that the premises are unfit to be licensed, it may refuse to grant the certificate.

(2) An objection under this section shall not be entertained by the Court unless notice in writing of the intention to make the objection together with particulars in writing of the unfitness alleged is given not less than twelve months before the hearing of the application to the person who, at the time of the giving of the notice, holds the licence in respect of which the application is brought.

Rateable valuations in applications for licences.

33.—(1) (a) Section 5 (which provides for minimum valuations of certain licensed premises) of the Act of 1902 is hereby amended by the substitution for “the premises shall be valued under the Irish Valuation Acts at” of “the rateable valuation, as defined in the Interpretation Act, 1937 , of the premises shall be”.

(b) Section 21 (which provides for the grant of new licences in respect of more convenient premises) of the Act of 1943 is hereby amended by the substitution for paragraph (d) of subsection (1) of the following paragraph:

“(d) that the rateable valuation of the new premises is not less than the rateable valuation of the existing premises, and”.

(2) In construing section 5, as amended by this section, of the Act of 1902, section 21, as amended by this section, of the Act of 1943, and section 13 of this Act, “rateable valuation” shall be deemed to include a provisional valuation issued by the Commissioner of Valuation.

Restriction on grant of cider retailer's off-licences.

34.—Notwithstanding anything to the contrary contained in any other Act, the Revenue Commissioners shall not grant, whether by way of new licence or of transfer or renewal of an existing licence, a cider retailer's off-licence under the Act of 1910 to any person other than a person who is for the time being the holder of a spirit retailer's off-licence under the Act of 1910 or of a wholesale dealer's licence for the sale of spirits, beer or wine under the Act of 1910.

Sale of spirits thirty degrees under proof without notice.

35.—Section 6 (which permits the sale of spirits at specified reduced strengths without giving notice of the reduction) of the Sale of Food and Drugs Act Amendment Act, 1879 , is hereby amended by the substitution of “thirty degrees” for “twenty-five degrees”.

Amendment of section 25 of the Intoxicating Liquor (General) Act, 1924.

36.— Section 25 (which relates to the searching of clubs by the Garda Síochána) of the Intoxicating Liquor (General) Act, 1924 , is hereby amended by the substitution in subsection (1) of “member” for “officer”.

Amendment of section 25 of the Act of 1927.

37.—(1) Section 25 (which relates to the recording of convictions on licences) of the Act of 1927 is hereby amended by—

(a) the deletion in subsection (1) of “if the Court in its discretion so thinks proper” (inserted by the Act of 1943) and the substitution therefor of “subject to subsection (4) of this section”,

(b) the substitution of “two years” for “five years”, “four years” for “seven years” and “six years” for “ten years” in subsection (2), and

(c) the addition to the section of the following subsection:

“(4) Notwithstanding anything contained in subsection (1) of this section, where a person is convicted in relation to any premises in respect of which he holds a licence for the sale of intoxicating liquor by retail of an offence to which this Part of this Act applies and the conviction is the first conviction of that person in relation to those premises of an offence to which this Part of this Act applies, the conviction shall not be recorded on the licence.”

(2) (a) Every conviction which, immediately before the passing of this Act, stood recorded under section 25 of the Act of 1927 on a licence then in force, shall, upon the passing of this Act, cease for all purposes to be so recorded and where, before the passing of this Act, the holder of a licence then in force had been convicted of an offence to which Part III of the Act of 1927 applies, such holder shall, for the purposes of subsection (2) and subsection (4) (inserted by this section) of the said section 25, be deemed never to have been so convicted.

(b) Where the holder of a licence is convicted after the passing of this Act of an offence to which Part III of the Act of 1927 applies and which was committed before such passing, the conviction shall not be recorded on the licence under section 25 of the Act of 1927 and such holder shall for the purposes of the said subsection (2) and the said subsection (4) be deemed never to have been so convicted.

Restriction of consumption of intoxicating liquor in refreshment houses.

38.—(1) A person who consumes, or permits the consumption of, intoxicating liquor during prohibited hours in a refreshment house which is not a licensed premises shall be guilty of an offence under this section and shall be liable on summary conviction thereof to the fine to which he would have been liable if the conviction had been in relation to premises which, at the time of the commission of the offence, were licensed premises.

(2) In this section—

“refreshment house” means premises, or any portion thereof, deemed for the purposes of the Refreshment Houses (Ireland) Act, 1860 , to be a refreshment house;

“licensed premises” and “prohibited hours” have the meanings they have in the Act of 1927.

Restriction of sections 28 and 29 of the Weights and Measures Act, 1878.

39.—(1) Where an order under section 9 of the Intoxicating Liquor (General) Act, 1924 , prescribing the sizes of bottles in which an intoxicating liquor specified in the order may be sold is in force, neither section 28 nor section 29 of the Act of 1878 shall apply in relation to a bottle to which this section applies.

(2) The denomination of a bottle to which this section applies and a line defining its capacity shall be indicated on the bottle by indelible marks.

(3) The Minister for Industry and Commerce may make regulations in relation to bottles to which this section applies—

(a) prescribing the size and position of the line defining the capacity of the bottles,

(b) prescribing the denomination marks for the bottles, their sizes and their positions on the bottles,

(c) prescribing the limits of error to be allowed in relation to the capacity of the bottles as defined by the line aforesaid,

(d) prohibiting any feature in the design of the bottles which appears likely to facilitate the perpetration of fraud.

(4) Where in relation to a bottle to which this section applies there is a contravention of subsection (2) of this section or of regulations made under subsection (3) of this section, the bottle shall be deemed to be an unjust measure for the purposes of section 25 of the Act of 1878.

(5) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made, and if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(6) In this section—

“the Act of 1878” means the Weights and Measures Act, 1878;

“bottle to which this section applies” means a bottle which is required by an order referred to in subsection (1) of this section to be of a size prescribed thereby.

Sale of intoxicating liquor in sealed containers.

40.—(1) Intoxicating liquor shall not be sold by retail in a sealed container unless the quantity of the contents of the container is indicated on the container.

(2) A person who contravenes or permits a person under his control or in his employment to contravene subsection (1) of this section shall be guilty of an offence under this section and shall on summary conviction thereof be liable, in the case of a first offence, to a fine not exceeding ten pounds and, in the case of a second or any subsequent offence, to a fine not exceeding twenty pounds.

(3) Notwithstanding the provisions of section 8 (which prohibits certain sales of intoxicating liquor otherwise than in marked measures) of the Licensing Act, 1872 , a person who sells intoxicating liquor in a sealed container on which the quantity of the contents of the container is indicated shall be deemed not to act in contravention of that section.

(4) In this section “container” does not include a bottle.

Extension of power of local authority in relation to the issue of certificates under section 6 of the Intoxicating Liquor Act, 1953.

41.—(1) A local authority may, if they think fit and with the consent of the holder thereof, cancel a certificate issued by them under section 6 (which provides for the issue by local authorities of certificates approving of sites for licensed premises in substitution for licensed premises demolished by them) of the Intoxicating Liquor Act, 1953 , and may issue under the section another certificate declaring that a site acquired by them, other than the site declared in the cancelled certificate to be approved by them, is approved by them as a site for licensed premises in substitution for the licensed premises which the cancelled certificate declared had been or were to be demolished.

(2) A certificate under the said section 6 may not be cancelled if an application under section 7 or section 8 (which sections provide for the licensing of premises on sites declared by certificates under the said section 6 to be approved by local authorities) of the aforesaid Act grounded on the certificate has been granted.

(3) A certificate under the said section 6 which is cancelled under this section shall be deemed never to have been issued.

SCHEDULE.

Enactments Repealed.

Section 3