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INTOXICATING LIQUOR ACT, 1962

Type Act
Publication 1962-08-02
Last updated 2026-07-23
State Partially repealed superseded text
Text As published
Source Irish Statute Book
articles 36

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.

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

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AN ACT TO AMEND AND EXTEND THE LICENSING ACTS, 1833 TO 1960, AND THE REGISTRATION OF CLUBS ACTS, 1904 TO 1960, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [2nd August, 1962.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

1 Interpretation.

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

“the Act of 1833” means the Licensing (Ireland) Act, 1833;

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

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

“the Act of 1924” means the Intoxicating Liquor (General) Act, 1924;

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

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

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

“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;

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

“licence” means a licence for the sale of intoxicating liquor for the grant of which the production of a certificate of the District Court or the Circuit Court, as the case may be, is required, or a licence granted under section 18 of this Act, and cognate words shall be construed accordingly;

“the Licensing Acts” means the Licensing Acts, 1833 to 1960;

“period of summer time” means a period appointed by or under the Summer Time Act, 1925, to be a period of summer time;

“prohibited hours” has the meaning assigned to it by section 2 of the Act of 1927;

“the Registration of Clubs Acts” means the Registration of Clubs Acts 1904 to 1960;

“seven-day licence” means a licence referred to in section 11 of the Act of 1927 as a seven-day licence;

“six-day licence” has the meaning assigned to it by section 8 of the Act of 1927;

“Sunday” does not include a Sunday that is Christmas Day.

2 Amendment of section 2 of Act of 1927.

2.—Section 2 (which was inserted by the Act of 1960 and relates to prohibited hours) of the Act of 1927 is hereby amended by—

  • “(a) on any week-day, 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, if the premises are situate in the county borough of Dublin or Cork (subject to the exceptions hereinafter mentioned) between the hours of half-past two o'clock and half-past three o'clock in the afternoon, or”,

  • “(b) on Saint Patrick's Day or any Sunday, before the hour of half-past twelve o'clock in the afternoon, or between the hours of two o'clock and four o'clock in the afternoon or after the hour of ten o'clock in the evening, or”

and

3 Amendment of section 3 of Act of 1927.

3.—Subsection (1) (inserted by the Act of 1960) of section 3 (which relates to mixed trading) of the Act of 1927 is hereby amended by—

4 Amendment of section 13 of Act of 1927.

4.—Section 13 (which was inserted by the Act of 1960 and provides for exemptions from prohibited hours for hotels and restaurants) of the Act of 1927 is hereby amended by the substitution for paragraphs (a) and (b) of the following paragraphs:

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

(b1) if the premises are situate in the county borough of Dublin or Cork, between the hours of half-past two o'clock and half-past three o'clock in the afternoon, on any week-day, or

(b2) on Saint Patrick's Day or, unless his licence is a six-day licence, any Sunday, between the hours of two o'clock and three o'clock in the afternoon, or between the hours of ten o'clock and eleven o'clock in the evening, or”.

5 Amendment of section 14 of Act of 1927.

5.—Section 14 (which provides for certain exemptions from prohibited hours) of the Act of 1927 is hereby amended by the insertion after paragraph (a) of the following paragraph:

  • “(aa) the sale at any time at a railway station (being a station to which persons who have recently travelled or are about to travel by ship resort for refreshment) of intoxicating liquor to passengers who have recently travelled or hold tickets entitling them, and are about, to travel by ship for a distance of not less than fifty miles, or”.

6 Amendment of section 56 of Act of 1927.

6.—(1) Section 56 (which was inserted by the Act of 1960 and relates to prohibited hours in clubs) of the Act of 1927 is hereby amended by—

  • “(a) on any week-day, 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, if the club is situate in the county borough of Dublin or Cork, between the hours of half-past two o'clock and half-past three o'clock in the afternoon, or

  • (b) on Saint Patrick's Day or any Sunday, before the hour of half-past twelve o'clock in the afternoon or between the hours of two o'clock and four o'clock in the afternoon or after the hour of ten o'clock in the evening, or”,

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

(b1) if the premises are situate in the county borough of Dublin or Cork, between the hours of half-past two o'clock and half-past three o'clock in the afternoon, on any week-day, or

(b2) on Saint Patrick's Day or any Sunday, between the hours of two o'clock and three o'clock in the afternoon or between the hours of ten o'clock and eleven o'clock in the evening, or”, and

7 Time for consumption of intoxicating liquor supplied during permitted hours.

7.—(1) (a) Nothing in the Licensing Acts shall operate to prohibit a person from being on, or consuming, or permitting the consumption of, intoxicating liquor on, premises in respect of which an on-licence within the meaning of the Act of 1927 is in force during the period of ten minutes commencing at the beginning of a period during which the sale of intoxicating liquor on licensed premises is prohibited.

8 Amendment of section 21 of Act of 1924.

8.—Not more than fifteen authorisations shall be granted under section 21 (which relates to the grant of authorisations by the District Court for the supply of excisable liquor in clubs) of the Act of 1924 to any club in any year and subsection (3) of that section shall stand amended accordingly.

9 Substantial meals.

9.—(1) For the purposes of the Licensing Acts and the Registration of Clubs Acts a meal served in any premises after the commencement of this Act shall not be deemed to be a substantial meal unless—

it would be reasonable to charge a sum that is not less than—

10 Exemptions for special events.

10.—(1) Subject to the provisions of this section, where, on application to a Justice of the District Court by the holder of a licence in respect of premises situate in any locality not in the county borough of Dublin, it is shown to the satisfaction of the Court that the application has the approval of a majority of the holders of licences in respect of premises so situate and is in respect of a period during which a special event or special events will take place in or near that locality of such kind that, in the opinion of the Court, the period will be one during which a considerable number of persons will be likely to be attracted to that locality, the Court, if it is satisfied that it is desirable to do so for the accommodation of those persons, may, after hearing the officer in charge of the Garda Síochána for that locality, make an order, subject to such conditions as it thinks proper, exempting the holders of licences in respect of premises; so situate from the provisions of the Licensing Acts relating to prohibited hours in respect of those premises at such times and on such days during the period as it thinks fit: provided that, where the period aforesaid exceeds nine days, the exemption shall be limited to such times and days as it thinks fit during a period or periods (not exceeding three) comprising in all not more than nine days.

11 Occasional licences.

11.—(1) Subject to the provisions of this section, on application to a Justice of the District Court by the holder of an on-licence, the Court may, if it so thinks fit, and is satisfied that a special event is being held at any place to which no licence for the sale of intoxicating liquor is attached grant to the applicant a licence (in this section referred to as an occasional licence) authorising him to sell at that place during such times and on such days (not exceeding three), as may be specified in the licence such intoxicating liquor as he is authorised to sell by the on-licence aforesaid.

it shall be deemed to be a condition of the licence that a substantial meal be served to the persons attending the dance.

12 Special exemption orders.

12.—(1) Section 5 (which relates to special exemption orders) of the Act of 1927 is hereby amended by the substitution for subsection (5) (inserted by the Act of 1960) of the following subsections:

  • “(5) In this section ‘special occasion’ means—

    • (a) (i) the occasion of a special event that is organised for the entertainment of the members of a particular association, organisation, or other like group, or

      • (ii) the occasion of a private function

      in the premises in relation to which the special exemption order is sought and at which a substantial meal (the price (if any) of which is included in the price (if any) of admission to the event) is served to the persons attending the event,

    • (b) the occasion of a dance that is held in a ballroom licensed under the Public Dance Halls Act, 1935, and forming part of the premises in relation to which the special exemption order is sought being a dance at which a substantial meal (the price (if any) of which is included in the price (if any) of admission to the dance) is served to the persons attending the dance, or

    • (c) the occasion of a dance that is held in such a ballroom on a day that, in the opinion of the Court, is a day of special festivity generally or in the locality in which the premises are situate.

  • (6) Special exemption orders shall not be granted pursuant to paragraph (c) of subsection (5) of this section for any premises in respect of more than six different days in a year.

  • (7) A special exemption order shall contain as one of the terms thereof a condition that intoxicating liquor shall not be sold at the event to which the order relates during the hours specified in the order to persons other than those attending the event and that members of the public, other than persons attending the event, shall not be admitted to the part of the premises in which intoxicating liquor is being supplied or consumed pursuant to the order.

  • (8) Notwithstanding the provisions of subsection (3) of this section, a special exemption order may be granted for a Sunday that is New Year's Day, New Year's Eve or St. Patrick's Day.

  • (9) It shall be a condition of a special exemption order that the special event, private function or dance in relation to which it is granted be held in compliance with the relevant provisions of subsection (5) of this section.”

13 Festival clubs.

13.—(1) Where, on application to it under section 11 of this Act or section 5 of the Act of 1927 the District Court is satisfied that—

the Court may, notwithstanding anything contained in section 11 of this Act, or section 5 of the Act of 1927, and irrespective of whether or not a substantial meal is to be served to persons attending the function, grant, upon such conditions as it thinks proper, either an occasional licence or a special exemption order, as may be appropriate, authorising the person making the application (being, in the case of an application for an occasional licence, the holder of an on-licence and, in the case of an application for a special exemption order, the holder of an on-licence for the premises to which the application relates) to sell at the place at which the function is being held, during such times and (subject to subsection (5) of section 11 of this Act or subsection (3) of section 5 of the Act of 1927) on such day or days as may be specified in the licence or order, as the case may be, such intoxicating liquor as he is authorised to sell by the on-licence aforesaid.

14 Special events in sports clubs.

14.—(1) A Justice of the District Court may, on the application of the secretary of a registered club (within the meaning of the Registration of Clubs Acts) the main object of which is the promotion of any outdoor pastime, sport, game or recreation among its members, authorise, notwithstanding the provisions contained in the rules of the club pursuant to those Acts, the sale or supply by or with the consent of the club to any person for consumption in the buildings or grounds of the club and the consumption in the buildings or grounds of the club by any person, of excisable liquor at such times as may be specified in the authorisation on the occasion of a special event in the club that, in the opinion of the Court, is likely to attract a considerable number of people to the club.

15 General exemption orders.

15.—(1) A general exemption order for the accommodation of persons attending a public market or fair shall not be granted for any day for any time before the hour of five o'clock in the morning or for any time—

16 Exemptions for licensed business on Sunday afternoons.

16.—(1) Subject to the provisions of this section, where, on application to a Justice of the District Court by the holder of a licence (not being a six-day licence) in respect of premises situate in any locality not in a county or other borough, it is shown to the satisfaction of the Court that the application has the approval of a majority of the holders of such licences in respect of premises so situate, the Court may, if it is satisfied that, owing to circumstances in the locality, it is desirable to do so, make an order exempting the holders of all such licences in respect of premises so situate from the provisions of the Licensing Acts relating to prohibited hours in respect of those premises for the period between the hours of twelve o'clock and half-past twelve o'clock in the afternoon on Sundays and Saint Patrick's Day.

17 Exemptions for unlicensed business on Sunday mornings.

17.—(1) Subject to the provisions of this section, where, on application to a Justice of the District Court by the holder of a licence (not being a licence granted by virtue of paragraph (2) of section 2 of the Act of 1902) in respect of premises situate in any locality not in a county or other borough, it is shown to the satisfaction of the Court that the application has the approval of a majority of the holders of such licences in respect of premises so situate, the Court may, if it is satisfied that, owing to circumstances in the locality it is desirable to do so, make an order permitting the holders of all such licences in respect of premises so situate to open or keep open the premises for the purpose of carrying on any business other than the sale or supply of intoxicating liquor during any one period specified in the order and not exceeding forty-five minutes in duration on the mornings of Sundays and Saint Patrick's Day.

18 Licences for greyhound race tracks.

18.—(1) It shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing Acts, to grant, on the application of the holder of a greyhound race track licence, to such holder, or a person nominated by him—

at such track during the period—

but during no other period.

“greyhound sales” and “greyhound trials” do not include a sale or trials, as the case may be, held at a greyhound race track on the same day as but after a greyhound race meeting at that track;

“greyhound race track licence” means a licence under section 22 of the Greyhound Industry Act, 1958.

19 Amendment of section 4 of the Act of 1902.

19.—Section 4 (which provides for the grant of new licences in certain cases of increase in population) of the Act of 1902 is hereby amended by the insertion after “part of the parish” of

“or for premises situate in a parish in which the increase aforesaid has not taken place if the premises are situate in the city or town and either—

  • (a) the city or town is within the parish and there is an increase in population in the area comprising the city or town, or

  • (b) a part only of the city or town is within the parish and there is an increase in population in the area comprising such part,

and the licence is in substitution for an existing licence or licences held in respect of premises situate in the city or town aforesaid and in the parish aforesaid.”.

20 Restriction of section 4 of Act of 1902, sections 21 and 22 of Act of 1943 and sections 13, 14, 19 and 27 of Act of 1960.

20.—(1) An application to the Circuit Court under section 4 of the Act of 1902, section 21 or 22 of the Act of 1943 or section 13, 14 or 27 of the Act of 1960 (which sections relate to the grant of new licences in certain circumstances upon the extinguishment of existing licences) shall not be allowed if the licence, or either of the licences, as the case may be, that would fall to be extinguished if the application were allowed and a licence were granted in pursuance of the section under which the application is made is a licence granted by virtue of paragraph (2) of section 2 of the Act of 1902, or under section 18 of this Act.

21 Restriction on recording of certain convictions on licences.

21.—Where a person is convicted (whether before or after the passing of this Act) in relation to any premises in respect of which he holds a licence for the sale of intoxicating liquor by retail and which is situate in the Court area of Swinford of more than one offence (being offences each of which was committed during the period from the 19th day of May, 1961, to the 23rd day of May, 1961) and more than one of the convictions would, but for this section, fall to be recorded under section 25 of the Act of 1927 on the licence, not more than one of the convictions shall be so recorded.

22 Parking of animal-drawn vehicles in licensed premises.

22.—Notwithstanding anything contained in section 17 (which relates to the offence of being on licensed premises during prohibited hours) of the Act of 1927, it shall not be unlawful for a person to be in any yard, stable, outhouse, shed or other like place forming part of premises in respect of which a licence is in force and which are not situate in a county or other borough on a Sunday, Saint Patrick's Day, Christmas Day or Good Friday for the sole purpose of leaving therein, attending to, or removing therefrom, an animal-drawn vehicle.

23 Presumption of existence of licences in certain prosecutions.

23.—In a prosecution for an offence in relation to prohibited hours in respect of premises—

24 Recording of certain convictions on licences subsequently obtained.

24.—Where, after the commencement of this Act—

the offence shall be deemed to be an offence to which Part III (which relates to the endorsement of licences) of the Act of 1927 applies and the licence shall, for the purpose of that Part, be deemed to have been in force and to have been held by the person at the time of the conviction, and, accordingly, the conviction shall be recorded on the licence under that Part.

25 Proof of licences in certain cases.

25.—In an application to the District Court under section 10, 16 or 17 of this Act in relation to any Court area—

26 Unlicensed drinking premises.

26.—(1) In this section “unlicensed drinking premises” means premises to which an on-licence is not attached, which are not the premises of a club registered under the Registration of Clubs Acts and which are used or made available for the consumption of intoxicating liquor therein by persons resorting to them other than the bona fide occupier of the premises, a member of the family of the occupier, a person residing or working in the premises (who are referred to in this section as excepted persons) or a bona fide private guest of any of those persons.

27 Liqueur chocolates.

27.—(1) Nothing in the Licensing Acts (other than this section) or in any enactment requiring the authority of an excise licence for the sale or supply of intoxicating liquor shall have effect in relation to intoxicating liquor that is in confectionery if the confectionery—

28 Wine retailer's and cider retailer's off-licences.

28.—(1) 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 in respect of any premises other than premises where a business of the kind referred to in section 61 of the Act of 1927 is being carried on or in respect of which a spirit retailer's off-licence or a beer retailer's off-licence is in force.

29 Permitting persons to be on licensed premises during prohibited hours.

29.—A person who permits a person to be on licensed premises contrary to subsection (1) of section 17 (which was inserted by the Act of 1960 and provides for certain offences in relation to prohibited hours) of the Act of 1927 shall be guilty of an offence and shall be liable on summary conviction, 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 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.

30 Proof of population figures.

30.—(1) In section 8 of the Act of 1902, section 14 of the Act of 1924 and in this section “last census” means the last census of population taken under the Statistics Acts, 1926 and 1946, from which statistics of population, other than statistics which purport to be provisional only, published by the Stationery Office have been derived.

31 Applications under sections 15 and 17 of Act of 1960.

31.—An application under section 15 of the Act of 1960 in respect of any premises may be granted notwithstanding the fact that it is not shown to the satisfaction of the Court that the premises comply with the provisions of section 5 of the Act of 1902, but an application to which both the said section 5 and subsection (1) of section 17 of the Act of 1960 refer in respect of any premises shall not be granted unless it is shown to the satisfaction of the Court that the premises comply with the provisions of the said section 5.

32 Amendment of section 17 of Act of 1960.

32.—Section 17 (which relates to the licensing or certification of premises the subject of a declaration under section 15 of the Act of 1960) of the Act of 1960 is hereby amended by the substitution of the following subsection for subsection (1):

  • “(1) If, on the hearing of an application for the grant of a certificate entitling the applicant to receive a licence in respect of any premises, it is shown to the satisfaction of the Court—

    • (a) that a declaration has been made by the Court under subsection (1) of section 15 of this Act,

    • (b) that the premises have been acquired, constructed or altered in substantial accordance with the terms of the declaration, and

    • (c) where the application is made pursuant to any provision of the Licensing Acts that provides for the extinguishing of one or more existing licences on the grant of the licence—

      • (i) that the licence or each of the licences in respect of which it was shown to the satisfaction of the Court on the application for the declaration that the applicant was the holder thereof or had secured the consent of the holder to the extinguishing thereof is in force, or

      • (ii) if such licence or licences or any of them is or are not in force, that the licence or licences not in force has not or have not been forfeited or extinguished and the premises to which it or they related have not been deemed, by virtue of any provision of the Licensing Acts, never to have been licensed,

      it shall not be open to the Court to refuse the application—

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

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

  and where, as respects a licence or licences and the premises to which it or they related, it is shown to the satisfaction of the Court that it or they comply with the provisions of subparagraph (ii) of paragraph (*c*) of this subsection, the licence or licences shall be deemed, for the purposes of the provisions of the Licensing Acts relating to the granting of licences, but not otherwise, to be in force and to relate to the premises to which it or they related and, on the grant of the new licence, shall accordingly be extinguished and the premises to which it or they related shall be deemed never to have been licensed.”

33 Amendment of section 27 of Act of 1960.

33.—Section 27 (which provides for the grant of a full licence for premises having a restricted licence) of the Act of 1960 is hereby amended by the substitution of “three years” for “two years” in subsection (4).

34 Temporary transfer of licence.

34.—(1) The power of a Justice of the District Court under the Licensing Acts to transfer temporarily an on-licence or an off-licence upon the death of the holder of the licence shall include power to transfer the licence to any person (being a person approved of by the Court and not disqualified by law) nominated by the executor or administrator of the holder or, if there is no executor or administrator, by any person having an interest in the premises to which the licence relates, and the transfer shall operate to authorise the person to whom the licence is transferred to carry on in the premises to which the licence relates the business authorised by the licence until the date of the sitting of the annual licensing District Court in the Court area in which the premises are situate held next after the expiration of one month from the date of the transfer, or if the Court should then, or on any subsequent application to it, think fit to so order, until the sitting of such annual licensing District Court in the year, or in the second year (as the Court may think fit to order) after the sitting aforesaid.

35 Dublin Metropolitan District.

35.—(1) References in the Licensing Acts to the Dublin Metropolitan Area shall be deemed to be references to the Dublin Metropolitan District.

36 Short title, construction, collective citation and commencement.

36.—(1) This Act may be cited as the Intoxicating Liquor Act, 1962.

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