Intoxicating Liquor Act 1927

(c) on any Sunday before the hour of one o'clock in the afternoon or between the hours of three o'clock and six o'clock in the afternoon or after the hour of nine o'clock in the evening, or

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

(2) In order that a club situate outside the Dublin Metropolitan area but in an urban county district or a town having Commissioners under the Towns Improvement (Ireland) Act, 1854 the population of which district or town according to the census which is for the time being the last census exceeds five thousand may be eligible to be registered under the Registration of Clubs (Ireland) Act, 1904 the rules of the club shall (in addition to the matters mentioned in section 4 of the said Act) provide that 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 day (not being a Saturday or a Sunday, or Good Friday, Christmas Day, or Saint Patrick's 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 (not being Christmas Day or Saint Patrick's Day) 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) on any Sunday before the hour of one o'clock in the afternoon or between the hours of three o'clock and six o'clock in the evening or after the hour of nine o'clock in the evening, or

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

(3) In order that a club situate in any place not being in the Dublin Metropolitan area a county borough or in such urban county district or town as is mentioned in the foregoing sub-section may be eligible for registration under the Registration of Clubs (Ireland) Act, 1904 the rules of the club shall (in addition to the matters mentioned in section 4 of the said Act) provide that 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 day (not being a Saturday or a Sunday or Good Friday, Christmas Day, or Saint Patrick's Day)—

(i) during a period appointed by or under the Summer Time Act, 1925 (No. 8 of 1925) to be 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 appointed by or under the said Summer Time Act, 1925, to be 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 (not being Christmas Day or St. Patrick's Day)—

(i) during a period appointed by or under the Summer Time Act, 1925 to be 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 appointed by or under the Summer Time Act, 1925 to be 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) on any Sunday before the hour of one o'clock in the afternoon or between the hours of three o'clock and six o'clock in the evening or after the hour of nine o'clock in the evening, or

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

(4) This section shall not apply to any club which at the passing of this Act is registered under the Registration of Clubs (Ireland) Act, 1904 until the expiration of the certificate of registration of such club which shall be in force at the expiration of two months from the passing of this Act.

57 Alternative prohibited hours in sports clubs.

57.—(1) A sports club shall be eligible to be registered under the Registration of Clubs (Ireland) Act, 1904 if instead of complying with the appropriate provisions of the preceding section the rules of such club (in addition to the matters mentioned in section 4 of the said Act) provide that 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 day (not being Sunday, Good Friday, Christmas Day or Saint Patrick's Day)—

(i) during the months of May, June, and July before the hour of half-past twelve o'clock in the afternoon or after the hour of half-past ten in the evening, or

(ii) during any month other than the months of May, June, and July before the hour of half-past twelve o'clock in the afternoon or after the hour of ten o'clock in the evening, or

(b) on any Sunday or Good Friday—

(i) during a period appointed by or under the Summer Time Act, 1925 (No. 8 of 1925) to be a period of summer time at any time except during such stated period or periods not exceeding in the whole seven hours and not commencing before the hour of one o'clock in the afternoon and not ending after the hour of ten o'clock in the evening, or

(ii) during any time which is not appointed to be a period of summer time, before the hour of one o'clock in the afternoon or after the hour of eight o'clock in the evening, or

(c) on Saint Patrick's Day before the hour of one o'clock in the afternoon or after the hour of eight o'clock in the evening, or

(d) on Christmas Day before the hour of twelve o'clock noon or after the hour of three o'clock in the afternoon.

58 Breach of club rules relating to prohibited hours.

58.—(1) If any excisable liquor is supplied for consumption on the premises of a club registered under the Registration of Clubs (Ireland) Act, 1904 or is consumed on the premises of any such club by any person in contravention of the rules of such club relating to the supplying and consumption of excisable liquor on the premises of such club, such club 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.

(2) Proceedings under this section may be brought against a club in the name under which it is registered under the Registration of Clubs (Ireland) Act, 1904 and any summons or other document required to be served on a club for the purpose or in the course of such proceedings may be served on the secretary of the club and any warrant for the recovery of the amount of a fine imposed on a club under this section may be executed against the goods and chattels of the club.

59 Objections to grant of certificate.

59.—The objections to the grant of a certificate which may be considered by the court under section 5 of the Registration of Clubs (Ireland) Act, 1904 shall include an objection taken on the ground that the rules of the club for the admission of honorary or temporary members are in the opinion of the court unsatisfactory or unsuitable.

PART VI Miscellaneous and General.

60 Continuance of licence pending appeal to Circuit Court.

60.—(1) Whenever the Justice of the District Court shall refuse an application for a certificate for a transfer or a renewal of any licence for the sale of intoxicating liquor by retail and the applicant for such certificate shall lawfully appeal against such refusal to the Circuit Court and shall prosecute such appeal with due diligence, such licence shall subject to the provisions of this section continue in full force and effect until the first opportunity on which such an appeal could be heard by the Circuit Court and, if that Court shall so direct, for such further time (if any) as shall elapse before the final determination of such appeal.

(2) A licence shall not continue in force under the foregoing sub-section after the expiration of the term for which the same was granted unless, on or before such expiration, the appellant deposits with the proper officer of customs and excise the amount of the excise duty chargeable on a renewal of such licence.

(3) Moneys deposited with an officer of customs and excise under the foregoing sub-section shall, if the refusal which is the subject of the appeal is confirmed by the Circuit Court, be repaid on such confirmation to the appellant by whom the same were deposited less such part thereof as bears to the whole of the moneys so deposited the same proportion as the time during which such licence has been continued in force by virtue of sub-section (1) of this section bears to one year, and, if such refusal is reversed by the Circuit Court, shall be applied in or towards the discharge of the excise duties payable in respect of the said licence.

61 Wine retailer's off-licence.

61.—(1) 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 wine retailer's off-licence to any person other than a person who is carrying on the business of chemist and druggist, pharmaceutical chemist, or registered druggist, or a person who is for the time being the holder of a spirit retailer's off-licence or a beer retailer's off-licence then in force.

(2) In this section the expressions “wine retailer's off-licence,” “spirit retailer's off-licence” and “beer retailer's off-licence” have the same meanings as such expressions respectively have in the Finance (1909-10) Act, 1910.

62 Grant of new off-licence in lieu of an on-licence.

62.—(1) The holder of an on-licence (in this section referred to as the on-licence) in respect of premises situate in a county borough may apply at the annual licensing District Court next after the passing of this Act that in lieu of a certificate for the renewal of the on-licence there be granted to him in respect of the said premises a certificate for a new spirit retailer's off-licence or a certificate for a new beer retailer's off-licence or certificates for both such new licences.

(2) When an application under the foregoing sub-section is made the Justice of the District Court, if he is satisfied that a certificate for the renewal of the on-licence might have been granted and that the sale of intoxicating liquor for consumption on the premises is not the principal business carried on in the premises to which the on-licence is attached, may, if he so thinks fit, grant to such applicant the certificate or certificates so applied for by him.

(3) When an application under sub-section (1) of this section is granted, a new licence or new licences shall notwithstanding anything to the contrary contained in any other Act be granted to the applicant in accordance with the certificate or certificates granted to him in pursuance of such application.

(4) When a new licence or licences is or are granted under the foregoing sub-section no new on-licence shall at any time thereafter be granted in respect of the premises to which such new licence or licences is or are attached.

(5) When an application under sub-section (1) of this section is refused such application shall be treated as an application for a certificate for the renewal of the on-licence and dealt with accordingly.

(6) In this section the expressions “spirit retailer's off-licence” and “beer retailer's off-licence” have the same meanings as such expressions respectively have in the Finance (1909-10) Act, 1910.

63 Repeals.

63.—The enactments mentioned in the Second Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

64 Short title, construction and citation.

64.—(1) This Act may be cited as the Intoxicating Liquor Act, 1927.

(2) Parts I., II., III., IV., and VI. of this Act shall be construed as one with the Licensing (Ireland) Acts, 1833 to 1924 and may be cited with those Acts as the Licensing (Ireland) Acts, 1833 to 1927.

(3) Part V. of this Act shall be construed as one with the Registration of Clubs Acts, 1904 and 1924, and may be cited with those Acts as the Registration of Clubs Acts, 1904 to 1927.

FIRST SCHEDULE. enactments, convictions under which are to be recorded.

SECOND SCHEDULE. Enactments Repealed.