INTOXICATING LIQUOR ACT, 1960

Type Act

Publication 1960-07-04

Last updated 2026-07-23

State Partially repealed superseded text

Text As published

Source Irish Statute Book

articles 41

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

13 amending acts · 2026-07-23, CRIMINAL LAW, CIVIL LAW AND DEFENCE (MISCELLANEOUS PROVISIONS) ACT 2026

Reform history JSON API

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.

40 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.

41 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.


Chapter and Session or Number and Year	Short title	Extent of Repeal
6 & 7 Will. 4. c. 38.	Licensing (Ireland) Act, 1836.	Sections 8 and 9.
23 & 24 Vic. c. 107.	Refreshment Houses (Ireland) Act, 1860.	Section 24.
No. 15 of 1927.	Intoxicating Liquor Act, 1927.	Sections 11, 15 and 16; in section 27, the words from “and on the hearing of such appeal” to the end of the section sections 36 to 54; subsection (2) of section 65; section 57.
No. 3 of 1928.	Weights and Measures Act, 1928.	Sections 4 to 9.
No. 7 of 1943.	Intoxicating Liquor Act, 1943.	Subsection (1) of section 31.
No. 15 of 1962.	Tourist Traffic Act, 1952.	Sections 40 to 42 and 46 to 49.

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