Intoxicating Liquor Act, 1988

• Permanent Page URL

Number 16 of 1988

INTOXICATING LIQUOR ACT, 1988

ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

PART II

Special Restaurant Licences

PART III

Prohibited Hours

PART IV

Provisions relating to persons under the age of 18 years

PART V

Registered Clubs

PART VI

Miscellaneous

SCHEDULE

Number 16 of 1988

INTOXICATING LIQUOR ACT, 1988

AN ACT TO AMEND AND EXTEND THE LICENSING ACTS, 1833 TO 1986, TO AMEND THE REGISTRATION OF CLUBS ACTS, 1904 TO 1986, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22nd June, 1988]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title.

1.—This Act may be cited as the Intoxicating Liquor Act, 1988.

Interpretation.

2.—(1) In this Act—

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

“the Act of 1960” means the Intoxicating Liquor Act, 1960 ;

“the Act of 1962” means the Intoxicating Liquor Act, 1962 ;

“the Acts” means the Licensing Acts, 1833 to 1986;

“bar” means any open bar or any part of a licensed premises exclusively or mainly used for the sale and consumption of intoxicating liquor and shall include any counter or barrier across which drink is or can be served to the public;

“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 the District Court;

“licensed premises” means premises in respect of which a licence has been granted and is in force;

“the Minister” means the Minister for Justice.

(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.

Collective citation and construction.

3.—(1) The Acts and this Act, in so far as this Act amends and extends the Acts, may be cited together as the Licensing Acts, 1833 to 1988, and shall be construed together as one.

(2) The Registration of Clubs Acts, 1904 to 1986, and this Act, in so far as this Act amends those Acts, may be cited together as the Registration of Clubs Acts, 1904 to 1988, and shall be construed together as one.

Repeals.

4.—Section 120 of the Children Act, 1908, and sections 10 , 11 , 12 and 25 of the Intoxicating Liquor (General) Act, 1924 , are hereby repealed.

PART II

Special Restaurant Licences

Commencement Part II .

5.—This Part shall come into operation on such day as the Minister may by order appoint.

Interpretation Part II .

6.—In this Part—

“applicant” means an applicant for the grant of a special restaurant licence;

“the Board” means Bord Fáilte Éireann;

“Bord Fáilte Certificate” has the meaning assigned to it by section 8 (2) of this Act;

“dining area” means the area set aside in a restaurant for the service and consumption of meals;

“owner”, in relation to a restaurant, includes any person having any estate or interest in the restaurant;

“restaurant” means any premises which are structurally adapted and used for the purpose of supplying substantial meals to the public for consumption on the premises and in which any other business carried on is ancillary and subsidiary to the provision of such meals;

“special restaurant licence” has the meaning assigned to it by section 7 (1) of this Act;

“waiting area” means an area—

(a) that is set aside as a waiting area in a restaurant for the purposes only of accommodating persons waiting to enter the dining area of the restaurant for the purpose of consuming a meal, and

(b) whose floor area does not exceed 20 per cent. of the floor area of the dining area of the restaurant.

Special restaurant licence.

7.—(1) In this Act “special restaurant licence” means a licence granted by the Revenue Commissioners pursuant to a certificate of the Circuit Court given under section 8 of this Act to a person in respect of a restaurant of which he is the owner and occupier authorising, subject to the provisions of this Act—

(a) the supply of intoxicating liquor for consumption on those premises, and

(b) the consumption of intoxicating liquor on those premises,

if, in each case, the intoxicating liquor is—

(i) ordered by or on behalf of a person for whom a substantial meal has been ordered,

(ii) supplied in either the waiting area or the dining area of the restaurant,

(iii) consumed in the waiting area of the restaurant before the meal by the person for whom the meal has been ordered, or consumed by that person in the dining area of the restaurant either during the meal or at any time not later than thirty minutes after the meal has ended, and

(iv) paid for at the same time as the meal is paid for:

Provided always that suitable beverages other than intoxicating liquor (including drinking water) are also available for consumption.

(2) Where a special restaurant licence is in force in relation to any premises, the licence shall be deemed for the purposes of the Finance (1909-1910) Act, 1910 , to be a retailer's on-licence notwithstanding the fact that it does not authorise the sale of intoxicating liquor for consumption off the premises as provided for in relation to retailers' on-licences generally by that Act.

Application for Circuit Court certificate, etc.

8.—(1) Where a person (in this section referred to as the applicant) duly gives notice of his intention to apply for a special restaurant licence in respect of a restaurant of which the applicant is the owner and occupier and, at the proceedings in the Circuit Court in relation to such application, the applicant shows to the satisfaction of that Court that there is in force a Bord Fáilte Certificate in respect of the restaurant, that Court shall cause a certificate to be given to the applicant entitling him to receive, on payment to the Revenue Commissioners of the fee specified in section 9 of this Act, a special restaurant licence in respect of the restaurant unless that Court, in consequence of an objection under section 4 of the Licensing (Ireland) Act, 1833 , prohibits under that section the issue of the licence on the grounds of the character, misconduct or unfitness of the applicant or of the unfitness or inconvenience of the premises.

(2) Where in relation to a restaurant the Board, having inspected the restaurant, is satisfied that—

(a) in case regulations made by the Minister for Tourism and Transport under section 12 of this Act are in force, the restaurant complies with those regulations, or

(b) in case no such regulations are in force, the restaurant—

(i) is well equipped, well furnished and provides comfortable seating in the dining area and waiting area thereof,

(ii) is operated by a competent management and staff,

(iii) provides a high standard of catering,

(iv) has at least one member of the staff who holds a recognised qualification in cooking or has sufficient experience in cooking to prepare meals of a high standard, and

(v) maintains a high standard of hygiene,

the Board shall, upon application in that behalf by the person who is the owner and occupier of the restaurant, grant to the person a certificate (which shall be known as a Bord Fáilte Certificate) which shall be signed by an officer of the Board authorised in that behalf by the Board stating that the Board is satisfied as aforesaid.

(3) A document purporting to be a Bord Fáilte Certificate signed as aforesaid shall be sufficient evidence in any legal proceedings of the matters certified in the Certificate until the contrary is shown.

(4) A Bord Fáilte Certificate shall, unless it is sooner cancelled pursuant to this Act, continue in force until the date of the next annual licensing district court for the court area in which the restaurant the subject of that Certificate is situated.

(5) If, in any case, the Board refuses to grant a Bord Fáilte Certificate it shall as soon as may be, by notice in writing, inform the person who applied for the Certificate of the refusal and of the reasons therefor.

Grant of special restaurant licence.

9.—(1) Notwithstanding anything contained in the Acts, where a person (in this section referred to as the applicant) who is the owner and occupier of a restaurant applies to the Revenue Commissioners in that behalf, the Revenue Commissioners shall, provided that the applicant—

(a) produces to them a certificate of the Circuit Court given to that applicant under section 8 of this Act in respect of the restaurant, and

(b) pays to them a fee of £3,000, or such other amount as may stand specified for the time being in regulations made by the Minister after consultation with the Minister for Tourism and Transport,

grant to the applicant a special restaurant licence in respect of the restaurant.

(2) Upon the grant of a special restaurant licence under this section, any licence, and any existing restaurant certificate, held or granted under the Acts, in respect of the restaurant to which the special restaurant licence relates, shall cease to have effect, and no other such licence or restaurant certificate may be granted in respect of those premises while the special restaurant licence is in force.

Objection by Garda Síochána to renewal of special restaurant licence.

10.—Where application is made for the renewal of a special restaurant licence, the superintendent of the Garda Síochána for the Garda district in which the restaurant, the subject of the application, is situated or any inhabitant of the parish or health authority within the meaning of the Health Act in whose functional area the restaurant is situated may, without prejudice to any other ground of objection available to him under the Acts, object to the renewal of the licence on the following ground, namely, that the premises concerned have not been bona fide and solely used as a restaurant within the meaning of this Act since the grant of the licence or the latest renewal thereof, whichever last occurred, and, if the District Court upholds such objection, the special restaurant licence shall not be renewed by the Revenue Commissioners.

Power of Board to inspect restaurants.

11.—Without prejudice to its powers under the Tourist Traffic Acts, 1939 to 1987, the Board may, for the purposes of this Part, inspect restaurants.

Regulations in respect of restaurant standards.

12.—(1) The Minister for Tourism and Transport may, with the consent of the Minister, make regulations prescribing the standards to be complied with in restaurants for the purposes of the granting or the renewal by the Board of a Bord Fáilte Certificate.

(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may make provision for all or any of the following matters—

(a) the maximum accommodation in such restaurants,

(b) the maximum accommodation in waiting areas in such restaurants,

(c) the standards to be complied with in such restaurants in relation to—

(i) equipment and furnishing,

(ii) management and staff,

(iii) catering, and

(iv) hygiene,

(d) the inspection, and certification, of such restaurants by the Board and the fees to be payable in respect of such inspection or certification,

(e) any other matter which the Minister for Tourism and Transport considers to be necessary or desirable.

Cancellation of Bord Fáilte Certificate.

13.—(1) Where it appears to the Board that a restaurant in respect of which a Bord Fáilte Certificate is in force no longer complies with the standards specified in section 8 or, as the case may be, under section 12 , the Board shall give or send by post to the holder thereof a notice—

(a) stating that it appears to the Board as aforesaid,

(b) requiring the holder to take specified steps within a specified period in order to bring the restaurant into compliance with the standards aforesaid, and

(c) informing the holder that, if the requirements in the notice are not complied with, the Board will cancel the Certificate.

(2) If the holder of a Bord Fáilte Certificate fails or refuses to comply with a requirement in a notice under subsection (1), the Board shall cancel the Certificate.

(3) Whenever the Board cancels a Bord Fáilte Certificate, the Board shall give written notice that the Certificate has been cancelled and is no longer in force to—

(a) the holder of the special restaurant licence in relation to which such Certificate was granted,

(b) the district court clerk for the district court area in which the premises to which the Certificate relates are situated,

(c) the Revenue Commissioners, and

(d) the superintendent of the Garda Síochána for the Garda district in which the premises to which the Certificate relates are situated.

Prohibited hours in premises having special restaurant licence.

14.—(1) It shall not be lawful for any person, in any premises to which a special restaurant licence applies, to—

(a) sell or expose for sale, or

(b) open or keep open the premises for the sale of, or

(c) permit the consumption on the premises of,

any intoxicating liquor—

(i) on any weekday, between the hours of half-past twelve o'clock in the morning and half-past twelve o'clock in the afternoon, or

(ii) on any Sunday, between the hours of half-past twelve o'clock in the morning and half-past twelve o'clock in the afternoon, or between the hours of three o'clock and six o'clock in the afternoon, or between the hours of eleven o'clock in the evening and half-past twelve o'clock in the afternoon of the next following day, or

(iii) on Christmas Day, between the hours of half-past twelve o'clock in the morning and one o'clock in the afternoon or between the hours of three o'clock in the afternoon and seven o'clock in the evening or between the hours of ten o'clock in the evening and half-past twelve o'clock in the afternoon of the next following day, or

(iv) at any time on Good Friday or between the hours of twelve o'clock midnight and half-past twelve o'clock in the morning of the next following Saturday.

(2) The provisions of the Act of 1927 relating to prohibited hours shall apply to any premises to which a special restaurant licence applies as if subsection (1) of this section were substituted for subsection (1) of section 2 (inserted by this Act) of that Act, and as if the reference to a restaurant in section 3 of that Act included a restaurant in respect of which a special restaurant licence has been granted, and the Act of 1927 shall be construed and have effect accordingly.

Offence.

15.—Any person who contravenes the terms of a special restaurant licence shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500, and the offence shall be deemed, for the purposes of Part III (which relates to the endorsement of licences) of the Act of 1927, to be an offence to which that Part of that Act applies.

Restaurant not to contain bar.

16.—(1) A restaurant in respect of which a special restaurant licence has been granted under this Act shall not contain a bar.

(2) Where intoxicating liquor is sold or made available for purchase in a restaurant which does not comply with the provisions of subsection (1) of this section, the holder of the special restaurant licence in respect of that restaurant shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £150, in the case of a first such offence, or

(b) £350, in the case of a second or any subsequent such offence,

and the offence shall be deemed, for the purposes of Part III (which relates to the endorsement of licences) of the Act of 1927, to be an offence to which that Part of that Act applies.

Display of special restaurant licence and Bord Fáilte Certificate.

17.—(1) A holder of a special restaurant licence shall cause the licence to be displayed prominently in the premises to which such licence relates.

(2) A holder of a special restaurant licence shall cause the Bord Fáilte Certificate relating to the premises to be displayed prominently in the premises to which such licence relates.

(3) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

(4) A person who contravenes subsection (2) of this section or who displays in his premises a Bord Fáilte Certificate which has been cancelled pursuant to section 13 of this Act shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.

(5) Subsection (1) of this section shall not apply in any case where the holder is required, pursuant to the Acts, to produce the licence.

(6) Subsection (2) of this section shall not apply in any case where the holder is required, pursuant to the Acts, to produce the Bord Fáilte Certificate.

Amendment of section 4 of Courts (No. 2) Act, 1986.

18.— Section 4 of the Courts (No. 2) Act, 1986 , is hereby amended by—

(a) the insertion after subsection (9) of the following subsection:

“(9A) Notwithstanding subsection (2) of this section, a special restaurant licence shall not be renewable on expiry without the production to the Revenue Commissioners of a Bord Fáilte Certificate (within the meaning of the Intoxicating Liquor Act, 1988).”, and

(b) the insertion in subsection (11) after paragraph (c) of the following paragraph:

“(d) that the licence is a special restaurant licence granted pursuant to the Intoxicating Liquor Act, 1988”.

Non-application of sections 15 and 17 of Act of 1960.

19.—Sections 15 and 17 of the Act of 1960 shall not apply in relation to any application to the Circuit Court for a certificate entitling the applicant to receive a special restaurant licence under this Act.

Application of Fire Services Act, 1981.

20.— Section 24 of the Fire Services Act, 1981 , shall apply in relation to every application for the grant or renewal of a special restaurant licence.

Holder of special restaurant licence not to be holder of on-licence for purposes of section 11 of Act of 1962.

21.—The holder of a special restaurant licence shall not, for the purposes of obtaining an occasional licence pursuant to section 11 of the Act of 1962, be regarded as the holder of an on-licence.

Special exemption order not to be granted to holder of special restaurant licence.

22.—A special exemption order under section 5 (as amended by section 6 of the Intoxicating Liquor Act, 1943 , section 11 of the Act of 1960 and section 12 of the Act of 1962) of the Act of 1927 shall not be granted to the holder of a special restaurant licence in respect of premises to which such licence relates.

Amendment of section 20 of Act of 1962.

23.—Section 20 of the Act of 1962 is hereby amended by—

(a) the insertion in subsection (1) after “ section 18 of this Act” of “or a special restaurant licence granted by virtue of the Intoxicating Liquor Act, 1988”, and

(b) the insertion in subsection (3) after “ section 18 of this Act” of “or a special restaurant licence granted by virtue of the Intoxicating Liquor Act, 1988”.

Laying of draft regulations before Houses of Oireachtas.

24.—A draft of every regulation proposed to be made under this Part shall be laid before each House of the Oireachtas and the regulation shall not be made until a resolution approving of the draft has been passed by each such House.

PART III

Prohibited Hours

Prohibited hours generally.

25.—The Act of 1927 is hereby amended by the substitution for section 2 (as amended by section 4 of the Act of 1960 and section 2 of the Act of 1962) of the following section:

“2.—(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 weekday, before the hour of half-past ten o'clock in the morning, or

(i) during a period of summer time, after the hour of half-past eleven o'clock in the evening, or

(ii) during a period which is not a period of summer time, after the hour of eleven o'clock in the evening, or

(b) on any Sunday, before the hour of half-past twelve o'clock in the afternoon, or between the hours of two o'clock and four o'clock in the afternoon or after the hour of eleven o'clock in the evening, or

(c) on St. Patrick's Day, where that day falls on a weekday, before the hour of half-past twelve o'clock in the afternoon or after the hour of eleven o'clock in the evening, or

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

(2) Every person who shall sell or expose for sale any intoxicating liquor or open or keep open any premises for the sale of intoxicating liquor or permit any intoxicating liquor to be consumed on licensed premises in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding £400, or, in the case of a second or any subsequent offence, to a fine not exceeding £800.

(3) Every reference in this Act to the provisions of this Act relating to prohibited hours shall be construed and have effect as a reference to the provisions of this section, and all references in this Act to prohibited hours or to times or hours in which the sale of intoxicating liquor is prohibited by this Act shall be construed as references to the hours during which the sale of intoxicating liquor is prohibited by this section.”.

Prohibited hours in clubs.

26.—(1) The Act of 1927 is hereby amended by the substitution for section 56 (inserted by section 6 of the Act of 1960 and amended by section 6 of the Act of 1962) of the following section:

“56.—(1) In order that a club may be eligible to be registered under the Registration of Clubs Acts, 1904 to 1986, 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 subsections (2) and (3) 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 weekday, before the hour of half-past ten o'clock in the morning, or

(i) during a period of summer time, after the hour of half-past eleven o'clock in the evening, or

(ii) during a period which is not a period of summer time, after the hour of eleven o'clock in the evening, or

(b) on any Sunday, before the hour of half-past twelve o'clock in the afternoon or between the hours of two o'clock and four o'clock in the afternoon or after the hour of eleven o'clock in the evening, or

(c) on St. Patrick's Day, where that day falls on a weekday, before the hour of half-past twelve o'clock in the afternoon or after the hour of eleven o'clock in the evening, or

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

(2) Nothing contained in the Registration of Clubs Acts, 1904 to 1986, 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) during a period of summer time, between the hours of half-past eleven o'clock in the evening on any weekday and half-past twelve o'clock in the morning on the following day, or

(b) during a period which is not a period of summer time, between the hours of eleven o'clock in the evening on any weekday and half-past twelve o'clock in the morning on the following day, or

(c) on any Sunday, between the hours of two o'clock and three o'clock in the afternoon, or

(d) 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) In this section—

‘period of summer time’, ‘weekday’ 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 1986, 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.

Time for consumption of intoxicating liquor supplied during permitted hours.

27.—Section 7 of the Act of 1962 is hereby amended by the substitution in paragraph (a) of subsections (1) and (2) for “ten minutes” of “thirty minutes”.

Exemptions for hotels and restaurants.

28.—The Act of 1927 is hereby amended by the substitution for section 13 (inserted by section 5 of the Act of 1960 and amended by section 4 of the Act of 1962) of the following section:

“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) during a period of summer time, between the hours of half-past eleven o'clock in the evening on any weekday and half-past twelve o'clock in the morning on the following day, or

(b) during a period which is not a period of summer time, between the hours of eleven o'clock in the evening on any weekday and half-past twelve o'clock in the morning on the following day, or

(c) unless his licence is a six-day licence, on any Sunday, between the hours of two o'clock and three o'clock in the afternoon, or

(d) 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.”.

Amendment of section 5 of Act of 1927 (special exemption orders).

29.—Section 5 (as amended by section 12 of the Act of 1962) of the Act of 1927 is hereby amended by the substitution for subsection (3) of the following subsection:

“(3) No special exemption order shall be granted for any time on a Sunday or for any time between one o'clock and half-past ten o'clock in the morning on a Monday.”.

PART IV

Provisions relating to persons under the age of 18 years

Interpretation Part IV .

30.—In this Part—

“age card” means a card issued under section 40 of this Act;

“child” means a person under the age of 15 years;

“private residence” includes any outhouse, yard, garden or other land appurtenant thereto or usually enjoyed therewith.

Sale of intoxicating liquor to persons under the age of 18 years.

31.—(1) The holder of any licence shall not—

(a) sell or deliver or permit any person to sell or deliver intoxicating liquor to a person under the age of 18 years,

(b) sell or deliver or permit any person to sell or deliver intoxicating liquor to any person for consumption on his licensed premises by a person under the age of 18 years,

(c) permit a person under the age of 18 years to consume intoxicating liquor on his licensed premises, or

(d) permit any person to supply a person under the age of 18 years with intoxicating liquor on his licensed premises.

(2) The holder of a licence of any licensed premises shall not sell or deliver or permit any person to sell or deliver intoxicating liquor to any person for consumption off his licensed premises by a person under the age of 18 years in any place other than a private residence.

(3) A person who contravenes subsection (1) or (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £300, in the case of a first offence, or

(b) £500, in the case of a second or any subsequent offence,

and the offence shall be deemed for the purposes of Part III (which relates to the endorsement of licences) of the Act of 1927 to be an offence to which that Part of that Act applies.

(4) In any proceedings against a person for a contravention of subsection (1) or (2) of this section, it shall be a defence for such person to prove that the person in respect of whom the charge is brought produced to him an age card relating to such person or that he had other reasonable grounds for believing that such person was over the age of 18 years, or, if the person is charged with permitting another person to sell or deliver intoxicating liquor contrary to the said subsection (1) or (2), to prove that an age card was produced by the person concerned to that other person or that that other person had other reasonable grounds for believing as aforesaid.

Provision of intoxicating liquor for persons under the age of 18 years.

32.—(1) A person shall not—

(a) purchase intoxicating liquor for delivery to, or consumption by, a person under the age of 18 years in any place other than a private residence,

(b) deliver intoxicating liquor to a person under the age of 18 years in any place other than a private residence, or

(c) send a person under the age of 18 years to any place where intoxicating liquor is sold, delivered or distributed for the purpose of obtaining intoxicating liquor.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £300, in the case of a first offence, or

(b) £500, in the case of a second or any subsequent offence.

Offences by persons under the age of 18 years.

33.—(1) A person under the age of 18 years shall not—

(a) purchase intoxicating liquor,

(b) consume intoxicating liquor in any place other than a private residence in which he is present either as of right or by permission, or

(c) represent himself for the purpose of obtaining, or being permitted to consume, intoxicating liquor, to be over the age of 18 years.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.

Exclusion of children from bars of licensed premises.

34.—(1) Subject to subsection (2) of this section, the holder of a licence of any licensed premises shall not allow a child to be at any time in the bar of his licensed premises.

(2) It shall not be unlawful for the holder of a licence of any licensed premises to allow a child to be in the bar of his licensed premises at any time (other than a time during which the sale of intoxicating liquor is prohibited under the Acts) if such child is accompanied by his parent or guardian.

(3) Nothing in subsection (1) of this section shall apply in the case of a child who is—

(a) a child of the licence-holder, or

(b) resident in the licensed premises, or

(c) in the bar of the licensed premises solely for the purpose of passing through in order to gain access to, or egress from, some other part of the premises.

(4) A holder of a licence of any licensed premises shall display in a conspicuous place in the bar of his licensed premises a notice stating that subject to the provisions of section 31 of the Intoxicating Liquor Act, 1988, it is an offence to allow a child (within the meaning of that Act) to be in a bar at any time during which the sale of intoxicating liquor is permitted unless accompanied by his parent or guardian.

(5) A person who contravenes subsection (1) of this section, or a person who causes or procures or attempts to cause or procure a child to go to or to be in the bar of a licensed premises in contravention of this section, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £100, in the case of a first offence, or

(b) £250, in the case of a second or any subsequent offence.

(6) A person who contravenes subsection (4) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £20, in the case of a first offence, or

(b) £50, in the case of a second or any subsequent offence.

(7) If a child is found in the bar of a licensed premises unaccompanied by his parent or guardian, the parent or, as the case may be, the guardian, of the child shall unless he establishes that the child was so present—

(i) without his knowledge or consent, or

(ii) in accordance with the circumstances specified in subsection (3) of this section,

be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.

(8) In any proceedings against a person for a contravention of subsection (1) of this section, it shall be a defence for such person to prove that he used all due diligence to prevent the child from being admitted to the bar or that he had reasonable grounds for believing that the person in respect of whom he is alleged to have committed the offence was not a child.

Restriction on persons under the age of 18 years being on licensed premises during extended hours.

35.—(1) Notwithstanding the application of an exemption order under section 4 or 5 of the Act of 1927, or section 10 of the Act of 1962, in respect of the premises, the holder of a licence of any licensed premises shall not allow a person who is under the age of 18 years (other than a person under that age whose employment in the licensed premises is not prohibited under section 38 of this Act) to be on that part of the licensed premises which is used on foot of such exemption order for the sale or consumption of intoxicating liquor at any time during the period in respect of which the exemption was granted.

(2) Notwithstanding the application of an exemption order under section 4 or 5 of the Act of 1927, or section 10 of the Act of 1962, in respect of the premises, a person who is under the age of 18 years (other than a person under that age whose employment in the licensed premises is not prohibited under section 38 of this Act) shall not be on that part of the licensed premises which is used on foot of such exemption order for the sale or consumption of intoxicating liquor at any time during the period in respect of which the exemption was granted.

(3) The holder of a licence of any licensed premises in respect of which an exemption order under section 4 or 5 of the Act of 1927, or section 10 of the Act of 1962, is in force shall display in a conspicuous place in the part of the licensed premises which is used on foot of such exemption order a notice stating that it is an offence for a person who is under the age of 18 years to be on that part of the premises at any time during the period in respect of which the exemption order was granted.

(4) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £100, in the case of a first offence, or

(b) £250, in the case of a second or any subsequent offence,

and the offence shall be deemed for the purposes of Part III (which relates to the endorsement of licences) of the Act of 1927 to be an offence to which that Part of that Act applies.

(5) A person who contravenes subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.

(6) A person who contravenes subsection (3) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £20, in the case of a first offence, or

(b) £50, in the case of a second or any subsequent offence.

(7) In any proceedings against a person for a contravention of subsection (1) of this section, it shall be a defence for such person to prove that he used all due diligence to prevent the person under the age of 18 years in respect of whom the charge is brought from being admitted to the part of the licensed premises which is used on foot of an exemption order as aforesaid for the sale or consumption of intoxicating liquor during the period in respect of which the exemption was granted or that such person produced to him an age card relating to such person or that he had other reasonable grounds for believing that such person was over the age of 18 years.

Restriction on persons under the age of 18 years being on premises used for the sale of intoxicating liquor for consumption off the premises.

36.—(1) Where a licensed premises, or any part of a licensed premises which is structurally separate from the remainder of the premises, is used exclusively or mainly for the sale of intoxicating liquor for consumption off the premises, the holder of the licence of the licensed premises shall not permit a person who is under the age of 18 years and who is not accompanied by his parent or guardian (other than a person under that age whose employment in the licensed premises is not prohibited under section 38 of this Act) to be at any time on such premises or, as the case may be, such part of such premises.

(2) A person who is under the age of 18 years and who is not accompanied by his parent or guardian (other than a person under that age whose employment in the licensed premises is not prohibited under section 38 of this Act) shall not be at any time on a licensed premises, or on any part of a licensed premises which is structurally separate from the remainder of the premises, where such premises or, as the case may be, such part of such premises, is used exclusively or mainly for the sale of intoxicating liquor for consumption off the premises.

(3) Where a licensed premises, or any part of a licensed premises which is structurally separate from the remainder of the premises, is used exclusively or mainly for the sale of intoxicating liquor for consumption off the premises, the holder of the licence of such licensed premises shall display in a conspicuous place in such premises a notice stating that it is an offence for a person who is under the age of 18 years and who is not accompanied by his parent or guardian to be on such premises or, as the case may be, in such part of such premises.

(4) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £100, in the case of a first offence, or

(b) £250, in the case of a second or any subsequent offence,

and the offence shall be deemed for the purposes of Part III (which relates to the endorsement of licences) of the Act of 1927 to be an offence to which that Part of that Act applies.

(5) A person who contravenes subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.

(6) A person who contravenes subsection (3) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £20, in the case of a first offence, or

(b) £50, in the case of a second or any subsequent offence.

(7) In any proceedings against a person for a contravention of subsection (1) of this section, it shall be a defence for such person to prove that he used all due diligence to prevent the person under the age of 18 years in respect of whom the charge is brought from being admitted to the premises or any part of the premises which is used exclusively or mainly for the sale of intoxicating liquor for consumption off the premises or that such person produced to him an age card relating to such person or that he had other reasonable grounds for believing that such person was over the age of 18 years.

Powers of Garda Síochána in relation to certain offences.

37.—(1) Where a member of the Garda Síochána suspects, with reasonable cause, that an offence under section 31 , 32 or 33 of this Act is being or has been committed, the member concerned may seize, detain and remove, without warrant, any bottle or container which—

(a) is in the possession, in a place other than a place used as an occupied private residence, of a person by or in respect of whom such member suspects the offence to have been committed and who appears to the member to be under the age of 18 years, and

(b) such member suspects, with reasonable cause, contains intoxicating liquor.

(2) Where a member of the Garda Síochána suspects, with reasonable cause, that an offence under this Part has been committed, the member concerned may—

(a) (i) in the case of an offence under section 34 of this Act, request the person in respect of whom the offence was committed, if such person appears to the member to be a child, to provide the member with his name, address and age, or

(ii) in any other case, request the person by whom, or in respect of whom, such member suspects the offence to have been committed to provide such member with his name, address and age, or

(b) request the parent or, as the case may be, the guardian of the person by or in respect of whom the offence was committed to provide the name, address and age of that person.

(3) Where any person, who is requested by a member of the Garda Síochána, pursuant to subsection (2) of this section, to furnish to him a name, address and age, fails or refuses to furnish to the member the name, address or age, or furnishes a name, address or age that the member has reasonable grounds for believing to be false or misleading, the member may arrest such person without warrant and, if the person fails or refuses to furnish the member the name, address or age requested, or furnishes to the member a name, address or age which is false or misleading, the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.

(4) For the purposes of this section a member of the Garda Síochána may enter without warrant a place that is not a public place.

Employment of persons under the age of 18 years.

38.—(1) The holder of a licence of any licensed premises shall not employ—

(a) any person being his sister, step-sister, daughter, step-daughter or sister-in-law who resides with him and is under the age of 16 years, or

(b) any person being his brother, step-brother, son, step-son or brother-in-law who resides with him and is under the age of 16 years, or

(c) any person being a person who is apprenticed to the holder of the licence and is under the age of 16 years, or

(d) any person under the age of 18 years other than a person referred to in paragraph (a), (b) or (c) of this subsection who is over the age of 16 years,

to sell intoxicating liquor for consumption on or off his licensed premises nor shall such holder of a licence permit any such person to engage in any such sale in his licensed premises.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £50, in the case of a first offence, or

(b) £100, in the case of a second or any subsequent offence,

and the offence shall be deemed for the purposes of Part III (which relates to the endorsement of licences) of the Act of 1927 to be an offence to which that Part of that Act applies.

Proof of age in prosecution.

39.—(1) Where in any prosecution under section 31 , 32 , 33 , 35 , 36 , 37 or 38 of this Act, it is alleged that the person by whom, or in respect of whom, the offence was committed was a person under the age of 18 years, and such person appears to the Court to have been, at the date of the commission of the offence, a person under that age, that person shall, for the purposes of this Part, be presumed to have been under the age of 18 years at that date, unless the contrary is proved.

(2) Where in a prosecution for an offence under section 34 of this Act, it is alleged that the person in respect of whom the offence was committed was a child, and such person appears to the Court to have been a child at the date of the commission of the offence, that person shall, for the purposes of this Part, be presumed to have been a child at that date, unless the contrary is proved.

Age cards.

40.—(1) The Minister may by regulations provide for the issue to a person of or over the age of 18 years, if so requested by the person and subject to his compliance with the regulations, of a card (in this Part referred to as “an age card”) specifying the age of the person.

(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may make provision in relation to all or any of the following matters:

(a) the information as to his age and any other matters specified in the regulations to be furnished by a person (in this subsection referred to as “the applicant”) applying for the issue of an age card,

(b) a form of application for an age card,

(c) the charging and payment of fees in respect of the issue or replacement of an age card,

(d) the form of an age card and the particulars (which may include a photograph of the holder thereof) to be specified in an age card,

(e) the period of validity of an age card,

(f) the person by whom an age card shall be issued,

(g) any other matter in relation to which it is, in the opinion of the Minister, necessary or expedient to make provision.

Forgery or alteration of age cards.

41.—(1) A person shall not forge a document purporting to be an age card, alter an age card, or use such a document or an altered age card, with intent to deceive.

(2) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.

PART V

Registered Clubs

Amendment of section 4 of Registration of Clubs (Ireland) Act, 1904.

42.—(1) Section 4 of the Registration of Clubs (Ireland) Act, 1904 , is hereby amended by the substitution for paragraph (j) of the following paragraphs:

“(j) That no excisable liquors shall be sold or supplied in the club premises to any person under the age of eighteen years:

(k) That no person under the age of eighteen years shall be admitted as a member of the club unless the club is one primarily devoted to some athletic purpose:”.

(2) (a) For the purposes of the Registration of Clubs Acts, 1904 to 1986, 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 4 (as amended by this section) of the Registration of Clubs Act, 1904 .

(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 4, as so amended.

Search of clubs by member of Garda Síochána.

43.—(1) If any member of the Garda Síochána is of opinion that there are reasonable grounds for supposing that any club registered under the Registration of Clubs (Ireland) Act, 1904 , is so managed or carried on as to constitute a ground of objection to the renewal of its certificate under that Act, or that an offence under that Act has been or is being committed in any such club, or that any excisable liquor is sold or supplied, or kept for sale or supply, on the premises of a club which is not registered under that Act, he may enter and search the premises of such club and take the names and addresses of any persons found therein.

(2) In the event of any person found in such premises refusing to give his name or address when requested by any such member of the Garda Síochána or giving a false name or address, such person so doing shall be liable on summary conviction to a fine not exceeding £50.

(3) Every person who, by himself, or by any person in his employment or acting by his direction or with his consent, refuses or fails to admit any member of the Garda Síochána in the execution of his duty demanding to enter in pursuance of this section, shall be liable on summary conviction to a fine not exceeding—

(a) £200, in the case of a first offence, or

(b) £300, in the case of a second or any subsequent offence.

Objections to grant of club certificates.

44.— Section 3 of the Registration of Clubs (Ireland) Act, 1904 , is hereby amended by the substitution for subsections (1) and (2) of the following subsections:

“(1) The registrar shall forthwith give notice of such application to the superintendent of the Garda Síochána for the Garda district in which the club, the subject of the application, is situated and, if no objections are taken as hereinafter provided, the court shall, if satisfied that the application has been duly made as aforesaid and that the rules of the club are in conformity with the provisions of this Act, grant the application.

(2) It shall be competent for such superintendent of the Garda Síochána, on receiving such notice, and for any person resident in the parish in which the club premises are situated, to lodge objections to the grant of the certificate on any of the grounds of objection specified in this Act and it shall be competent for any person to lodge objections to the renewal of the certificate on any such grounds. Such objections shall be lodged by the objectors with the registrar within ten days of the receipt or publication of the notice of application, and at the same time a copy of the objections shall be sent by them to the secretary of the club applying for the grant or renewal of a certificate.”.

Restrictions on advertisements relating to functions in clubs.

45.—(1) Subject to subsection (2) of this section, a person shall not publish, or cause to be published, any advertisement drawing attention to any function to be held on the premises of a registered club.

(2) Subsection (1) of this section shall not apply to—

(a) the publication of a notice inside the premises of the registered club in which the function is to be held, or

(b) any advertisement in so far as it relates to a function involving any sport, game or physical recreation which does not take place outside the hours during which excisable liquor may be supplied or consumed on the club premises in accordance with the club rules, or

(c) any circular issued by a registered club to its club members.

(3) Where there is a contravention of subsection (1) of this section then—

(a) the registered club,

(b) every person entered in the register of clubs as an official or member of the committee of management or governing body of the club at the time the advertisement is published, and

(c) any person who published the advertisement or caused it to be published,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(i) £300, in the case of a first offence, or

(ii) £500, in the case of a second or subsequent offence.

(4) In a prosecution for an offence under subsection (1) of this section—

(a) it shall be a defence for a person mentioned in subsection (3) (b) of this section to prove that the advertisement was issued without his consent or connivance or that he exercised all due diligence to prevent the publication of any such advertisement, and

(b) it shall be a defence for a person mentioned in subsection (3) (c) of this section to prove that he is a person whose business it is to publish or arrange for the publication of advertisements and that he received the advertisement in question for publication in the ordinary course of business and did not know and had no reason to suspect that its publication would constitute an offence under the said subsection (1).

(5) For the purposes of this section an advertisement published by displaying or exhibiting it shall be treated as published on every day on which it is displayed or exhibited.

(6) In this section “advertisement” includes every form of advertising, whether in a publication or by the display of notices or by means of circulars or other documents or by an exhibition of photographs or a cinematograph film, or by way of sound broadcasting or television or by inclusion in a cable programme service, and references to the publishing of an advertisement shall be construed accordingly.

Amendment of section 5 of Registration of Clubs (Ireland) Act, 1904.

46.—The reference in section 5 (d) of the Registration of Clubs (Ireland) Act, 1904 , to twenty-five members shall, as respects objections to the grant after the passing of this Act of a certificate of registration under that Act, be construed as a reference to one hundred and fifty members.

PART VI

Miscellaneous

Provisions in relation to sale of intoxicating liquor in supermarkets, etc.

47.—(1) This section shall apply in relation to any premises in which intoxicating liquor is not sold for consumption on the premises, but in which intoxicating liquor is sold for consumption off the premises on foot of an off-licence or a wine on-licence and in which commodities other than intoxicating liquor are sold by retail.

(2) This section shall not apply in relation to any premises where the only business carried on is the sale of intoxicating liquor for consumption off the premises and the sale of commodities ancillary to such business, such as cigarettes, tobacco, cigars, matches, confectionery and beverages other than intoxicating liquor.

(3) In any premises to which this section applies, intoxicating liquor shall not be sold by self-service methods and shall not be sold otherwise than from an intoxicating liquor counter.

(4) If in any premises to which this section applies, there is a contravention of the provisions of this section, the holder of the licence in respect of the premises shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 and the offence shall be deemed for the purposes of Part III (which relates to the endorsement of licences) of the Act of 1927 to be an offence to which that Part of that Act applies.

(5) In this section—

“self-service methods” means any method of sale allowing a customer to supply himself with the article sold on or before payment therefor;

“intoxicating liquor counter” means a counter, or a separate portion of the licensed premises concerned, from or at which commodities other than intoxicating liquor are not sold or paid for.

(6) This section shall come into operation on such day as the Minister may appoint by order.

Amendment of section 12 of Act of 1927 (restaurant certificates).

48.—Section 12 of the Act of 1927 is hereby amended by the insertion after subsection (1A) (inserted by section 8 of the Intoxicating Liquor Act, 1943 ) of the following subsection:

“(1B) Where, following application pursuant to section 4 of the Courts (No. 2) Act, 1986 , to an officer of the Revenue Commissioners for the renewal of an on-licence without the production of a certificate of the District Court, the applicant applies to the Court to certify that the premises in respect of which the renewal of the on-licence is sought are a restaurant for the purposes of this Act, the provisions of subsection (1) of this section shall apply and have effect as if that application to the Court were an application, in accordance with that subsection, for a restaurant certificate.”.

Amendment of section 18 of the Act of 1962 (licences for greyhound tracks).

49.—Section 18 (2) of the Act of 1962 is hereby amended by the substitution in subparagraph (ii) for “at the time at which the last race of the meeting starts” of “thirty minutes after the time at which the last race of the meeting starts”.

“Licence” in section 4 of Courts (No. 2) Act, 1986.

50.— Section 4 of the Courts (No. 2) Act, 1986 , is hereby amended by the insertion after “required” in the definition of “licence” of “and includes a licence granted under section 13 of the Refreshment Houses (Ireland) Act, 1860 ”.

Increase of fines.

51.—Each provision mentioned in column (2) of the Schedule to this Act of the enactment mentioned in column (1) of that Schedule opposite the mention of the provision in the said column (2) is hereby amended as specified in column (3) of that Schedule opposite the mention of the provision in the said column (2).

SCHEDULE

Increase of Fines

Section 51 .