Intoxicating Liquor Act 1927

PART I. Preliminary.

1 Definitions and application.

1.—(1) In this Act (except in Part V thereof)—the expression “week day” means any day which is not a Sunday and is not Good Friday, Christmas Day, or Saint Patrick's Day;

the expression “ordinary week day” means any week day which is not a Saturday;

the word “Saturday” does not include a Saturday which is Christmas Day or St. Patrick's Day;

the expression “Saint Patrick's Day” does not include a Saint Patrick's Day which falls on a Sunday;

the word “Sunday” does not include a Sunday which is Christmas Day;

the expression “period of summer time” means a period appointed by or under the Summer Time Act, 1925 (No. 8 of 1925) to be a period of summer time;

the word “town” means and includes any town having Commissioners under the Towns Improvement (Ireland) Act, 1854;

the word “hotel” means licensed premises structurally adapted for use and bona fide used as a hotel or a hotel and restaurant and having not less than ten apartments set apart and exclusively used for the sleeping accommodation of travellers;

the word “restaurant” means licensed premises certified under this Act to be a restaurant for the purposes of this Act;

the word “theatre” means a theatre or place of public entertainment licensed for the sale of intoxicating liquor under section 7 of the Excise Act, 1835;

the expression “theatre licence” means a licence for the sale of intoxicating liquor granted under section 7 of the Excise Act, 1835 in respect of a theatre;

the expression “licensing area” means a district court area prescribed by law for the purposes of the transaction of licensing business, and when used in relation to licensed premises means the district court area as so prescribed in which the licensed premises are situate;

the expression “Justice of the District Court” when used in relation to licensed premises means the Justice of the District Court for the time being exercising jurisdiction in the licensing area in which the licensed premises are situate;

the expression “annual licensing district court” means the sitting of the District Court held pursuant to rules of court in a licensing area for the hearing of applications for certificates for renewals of licences for the sale of intoxicating liquor;

the expression “licensed premises” means (except in Part IV of this Act) premises in respect of which a licence for the sale by retaile of intoxicating liquor has been granted and is in force;

the expression “on-licence” means a licence for the sale of intoxicating liquor for consumption either on or off the premises;

the expression “off-licence” means a licence for the sale of intoxicating liquor for consumption off the premises; and

the expression “the Minister” means the Minister for Justice.

(2) For the purposes of the application of this Act (except Part V thereof) to the Dublin Metropolitan area, that area shall be deemed to be a county borough, and accordingly the provisions of this Act in relation to county boroughs shall apply to the whole of the Dublin Metropolitan area, and the provisions of this Act in relation to urban county districts shall not apply to any part of the said area.

PART II. Prohibited Hours.

2 Prohibited hours generally.

2.—(1) Save as is otherwise provided by this Act, it shall not be lawful for any person in any county borough 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 ordinary week day, before the hour of ten o'clock in the morning, or after the hour of ten o'clock in the evening, or (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 any Saturday, before the hour of ten o'clock in the morning or after the hour of half-past nine o'clock in the evening, or (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

(c) on any Sunday before the hour of two o'clock in the afternoon or after the hour of five o'clock in the afternoon, or

(d) at any time on Christmas Day, Good Friday, or Saint Patrick's Day.

The exceptions referred to in paragraphs (a) and (b) of this sub-section are—

(i) 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 such 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 such 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 such 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 such premises between the said hours on the said days, and

(ii) 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 such 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 such premises intoxicating liquor for sale on such orders.

(2) Save as is otherwise provided by this Act, it shall not be lawful for any person in any urban county district or town the population of which district or town according to the census which is for the time being the last census exceeds five thousand 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 ordinary week day, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or

(b) on any Saturday, before the hour of ten o'clock in the morning or after the hour of half past nine o'clock in the evening, or

(c) at any time on any Sunday or on Christmas Day, Good Friday, or Saint Patrick's Day.

(3) Save as is otherwise provided by this Act, it shall not be lawful for any person in any place not being a county borough or such urban county district or town as is mentioned in the foregoing sub-section to sell or expose for sale 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 ordinary week day—

(i) during a period of summer time, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or

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

(b) on any Saturday—

(i) during a period of summer time before the hour of ten o'clock in the morning or after the hour of half past nine o'clock in the evening, or

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

(c) at any time on any Sunday or on Christmas Day, Good Friday, or Saint Patrick's Day.

(4) 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 twenty pounds or, in the case of a second or any subsequent offence, to a fine not exceeding forty pounds.

(5) 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.

3 Mixed trading.

3.—(1) Where 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 is attached and the portion of such premises in which such non-licensed business is carried on is not structurally separated from the remainder of such premises, the opening or keeping open of such premises for the purpose of carrying on such non-licensed business shall for the purposes of this Act be deemed to be an opening or keeping open of such premises for the sale of intoxicating-liquor, save and except between the hours of nine o'clock and ten o'clock in the morning on week days.

(2) Where any non-licensed business is carried on in any premises to which an off-licence is attached and the portion of such premises in which such non-licensed business is carried on is not structurally separated from the remainder of such premises, the opening or keeping open of such premises for the purpose of carrying on such non-licensed business shall for the purposes of this Act be deemed to be an opening or keeping open of such premises for the sale of intoxicating liquor save and except in a county borough on week days between the hours of nine o'clock and ten o'clock in the morning and between the hours of half-past two o'clock and half-past three o'clock in the afternoon.

(3) This section shall not apply to any hotel, restaurant, theatre, or railway refreshment room or to any premises which are structurally adapted for holding dramatic performances, concerts, lectures, dances, cinematograph exhibitions, or other public entertainments and are bona fide used for the purpose of holding all or any such entertainments and for no other purpose except a restaurant.

4 General exemption orders.

4.—(1) The Justice of the District Court upon its being proved to his satisfaction that it is necessary or desirable so to do for the accommodation of any considerable number of persons attending any public market or fair or following any lawful trade or calling, may after hearing the officer in charge of the Gárda Síochána for the licensing area grant (if he so thinks fit) to any holder of an on-licence in respect of premises situate in the vicinity of such market or fair, or of the place where such persons follow such lawful trade or calling, an order (in this Act referred to as a general exemption order) exempting such holder from the provisions of this Act relating to prohibited hours in respect of the said premises on such days and during such times (except between the hours of one and two o'clock in the morning) and upon such terms as may be specified in such order.

(2) Every general exemption order shall contain as one of the terms thereof a condition that the holder thereof shall during every period of exemption supply on the premises to which the order relates food and non-alcholic drink at reasonable prices to any person demanding the same.

(3) The holder of a general exemption order shall, if and so long as he complies with the terms of such order, be exempt during every period of exemption from any penalty for contravention in respect of the premises to which the order relates of the provisions of this Act relating to prohibited hours but not from any other penalty under this or any other Act.

(4) The holder of a general exemption order shall during every period of exemption keep affixed in a conspicuous place on the outside of the premises to which such order relates a notice, in such form as shall be approved by the Justice of the District Court, stating the several periods of exemption specified in such order, and every holder of a general exemption order who fails to comply with the provisions of this sub-section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a penalty not exceeding five pounds.

(5) Every person who affixes or keeps affixed to his premises any notice falsely representing that he is the holder of a general exemption order or falsely stating the periods of exemption under a general exemption order of which he is the holder shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a penalty not exceeding ten pounds.

(6) The Justice of the District Court may at any time (if it seems fit to him) withdraw any general exemption order or alter the same by way of extension or otherwise as he shall deem necessary or expedient, but not so as to render any person liable to any penalty for anything done under such order before the holder thereof was informed of such withdrawal or alteration.

(7) No general exemption order shall be granted for any time on any Sunday or Saint Patrick's Day, Christmas Day or Good Friday.

(8) A general exemption order shall not be granted unless the applicant therefor has, not less than one week before making the application, served upon the officer in charge of the Gárda Síochána for the licensing area a notice of his intention to apply for the order setting out his name and address and the place, occasion and time for which the order is sought.

(9) In this section the word “holder” when used in relation to a general exemption order means the person to whom such order was granted under this section, and the expression “period of exemption” means a time during which the holder of a general exemption order is thereby exempted from the provisions of this Act relating to prohibited hours.

5 Special exemption orders.

5.—(1) If the holder of an on-licence for premises which are an hotel or a restaurant and are situate in a county borough applies to the Justice of the District Court for an order (in this Act referred to as a special exemption order) exempting him on any special occasion from the provisions of this Act relating to prohibited hours in respect of the said premises, such Justice may, if he thinks fit so to do after hearing the officer in charge of the Gárda Síochána for the licensing area, grant to the applicant upon such conditions as he thinks proper an order so exempting him during the hours and on the special occasion to be specified in such order.

(2) Any person to whom a special exemption order has been granted shall, if and so long as he complies with the conditions upon which the same has been granted, be exempt during the time to which such order applies from any penalty for contravention of the provisions of this Act relating to prohibited hours in respect of the premises to which the order relates but not from any other penalty under this or any other Act.

(3) No special exemption order shall be granted for any time on a Sunday.

(4) A special exemption order shall not be granted unless the applicant therefor has, not less than forty-eight hours before making the application, served upon the officer in charge of the Gárda Síochána for the licensing area a notice of his intention to apply for the order, setting out his name and address and the place, occasion, and time for which the order is sought.

6 Occasional licences.

6.—(1) In this section the expression “occasional licence” means an occasional licence granted under section 13 of the Revenue Act, 1862 and the several enactments amending that enactment, and the expression “licensing area” means the licensing area in which the place for which the occasional licence is desired is situate.

(2) The consent required by the said enactments for the granting of an occasional licence shall not be necessary but in lieu thereof no occasional licence shall be granted without the previous consent of the Justice of the District Court and such consent shall only be given by such Justice in open court and after hearing the officer in charge of the Gárda Síochána for the licensing area.

(3) The consent of the Justice of the District Court mentioned in the foregoing sub-section shall not be given unless the applicant therefor has, not less than forty-eight hours before making the application, served upon the officer in charge of the Gárda Síochána for the licensing area a notice in writing of his intention to apply for such consent, setting out his name and address, and the place, occasion, and time for which the occasional licence the subject of such consent is desired.

(4) An occasional licence shall operate to exempt the person to whom the licence is granted (if and so long as he complies with the conditions on which the same is granted) from the provisions of this Act relating to prohibited hours at the place and during the time for which the licence is granted.

(5) The provisions of this or any other Act requiring an offence to be endorsed on a licence shall not apply to an offence committed in respect of an occasional licence.

7 Production of exemption orders, etc.

7.—(1) Section 64 of the Licensing Act, 1872 (which relates to the production of licences and penalties for non-production) shall apply to all general exemption orders, special exemption orders, and occasional licences.

(2) Section 33 of the Licensing Act (Ireland) 1874 (which relates to the production of licences and to penalties for non-production) shall apply to all general exemption orders, special exemption orders, and occasional licences.

8 Six-day licences.

8.—(1) In this Act the expression “Sunday-closing condition” means such condition as is mentioned in sub-section (2) of this section and the expression “six-day licence” means an on-licence containing a Sunday-closing condition whether such licence was granted before or after the passing of this Act and whether such condition was inserted in such licence under this Act or under an enactment repealed by this Act.

(2) Where on the occasion of an application for a certificate for a new on-licence or a certificate for a transfer or renewal of an on-licence, the applicant, at the time of his application, applies to the Court to insert in his certificate a condition that he shall keep the premises in respect of which such licence is or is to be granted closed during the whole of Sunday, the Court shall cause the said condition to be inserted in such certificate and whenever such condition is so inserted in such certificate such condition shall also be inserted in the licence granted, transferred, or renewed in pursuance of such certificate.