Intoxicating Liquor Act 2003

PART 1 Preliminary and General

1. Short title, collective citations, construction and commencement.

1. —(1) This Act may be cited as the Intoxicating Liquor Act 2003.

(2) The Acts and this Act, in so far it amends and extends the Acts, may be cited together as the Licensing Acts 1833 to 2003 and shall be construed together as one.

(3) The Registration of Clubs Acts 1904 to 2003 and this Act, in so far as it amends and extends those Acts, may be cited together as the Registration of Clubs Acts 1904 to 2003 and shall be construed together as one.

(4) The Equal Status Act 2000 and section 25 may be cited together as the Equal Status Acts 2000 and 2003 and shall be construed together as one.

(5) This Act shall come into operation on such day or days as the Minister may fix by order, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions.

2. Interpretation.

2. —(1) In this Act, unless the context otherwise requires—

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

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

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

“Act of 1988” means the Intoxicating Liquor Act 1988;

“Act of 2000” means the Intoxicating Liquor Act 2000;

“Acts” means the Licensing Acts 1833 to 2003;

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

“disorderly conduct” means any unreasonable behaviour by a person on licensed premises which, having regard to all the circumstances, is likely to cause injury, fear or distress to any other person on the premises and includes, but is not limited to—

(a) violent, threatening, abusive, quarrelsome or insulting behaviour,

(b) conduct causing damage to property,

(c) conduct constituting an offence under the Firearms Acts 1925 to 2000 or the Non-Fatal Offences Against the Person Act 1997,

(d) conduct in breach of the duty (imposed by section 18(3) of the Fire Services Act 1981) to ensure that as far as is reasonably practicable any person on premises is not exposed to danger from fire as a consequence of any act or omission,

(e) conduct likely to constitute a risk to the health, safety or welfare of any person;

“drunken person” means a person who is intoxicated to such an extent as would give rise to a reasonable apprehension that the person might endanger himself or herself or any other person, and “drunk” and “drunkenness” are to be construed accordingly;

“guardian” includes a person acting in good faith in place of a parent;

“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 District Court;

“licensed premises” means premises in respect of which a licence is in force and, in relation to a licensee, means the licensed premises of the licensee;

“licensee” means the holder of a licence;

“Minister” means the Minister for Justice, Equality and Law Reform.

(2) In this Act, unless the context otherwise requires—

(a) a reference to a Part or section is to a Part or section of this Act,

(b) a reference to a subsection is a reference to a subsection of the section in which the reference occurs, and

(c) references to any enactment are references to that enactment as amended by any subsequent enactment, including this Act.

3. Repeals.

3. —The following enactments are repealed:

(a) sections 31 and 42 of the Refreshment Houses (Ireland) Act 1860;

(b) sections 13 and 18 of the Licensing Act 1872;

(c) section 13 of the Intoxicating Liquor (General) Act 1924;

(d) subsection (2), as inserted by section 5(2) of the Act of 2000, of section 4 of the Public Dance Halls Act 1935;

(e) section 17 of the Act of 2000.

PART 2 Conduct on Licensed Premises

4. Drunken persons.

4. —(1) A licensee shall not, on the licensed premises—

(a) supply, or permit any person to supply, intoxicating liquor—

(i) to a drunken person, or

(ii) to any person for consumption by a drunken person;

(b) permit a drunken person to consume intoxicating liquor;

(c) permit drunkenness to take place in the bar; or

(d) admit any drunken person to the bar.

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

(a) for a first offence, F1[€3,000], or

(b) for a second or any subsequent offence, F1[€5,000].

(3) A person who is drunk on leaving licensed premises is presumed, until the contrary is proved, to have been drunk while on those premises.

(4) In a prosecution for an offence under subsection (1)(c) it is a defence to prove that the licensee took reasonable steps to prevent the drunkenness concerned taking place.

5. Supply of intoxicating liquor to drunken persons by non-licensees.

5. —(1) A person (not being a licensee) shall not—

(a) purchase intoxicating liquor for supply to, or consumption by, a drunken person on licensed premises, or

(b) supply intoxicating liquor to a drunken person on any such premises.

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

(a) for a first offence, F2[€3,000], or

(b) for a second or any subsequent offence, F2[€5,000]

6. Offences by drunken persons.

6. —(1) A drunken person shall leave licensed premises on being requested to do so by the licensee or a member of the Garda Síochána.

(2) A drunken person shall not seek entry to the bar of licensed premises.

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

(a) for a first offence, €300, or

(b) for a second or any subsequent offence, €500.

(4) A member of the Garda Síochána may arrest without warrant any person committing an offence under this section or whom the member, with reasonable cause, suspects of being guilty of such an offence.

7. Duty of licensee to preserve order.

7. —(1) A licensee shall not permit disorderly conduct to take place on the licensed premises.

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

(a) for a first offence, F3[€3,000], or

(b) for a second or any subsequent offence, F3[€5,000]

8. Disorderly conduct.

8. —(1) A person shall not engage in disorderly conduct on licensed premises.

(2) A person who engages in such disorderly conduct—

(a) shall leave the licensed premises concerned on being requested to do so by the licensee or a member of the Garda Síochána, and

(b) shall not re-enter the bar of the licensed premises within a period of 24 hours after so acting.

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

(a) for a first offence, €300, or

(b) for a second or any subsequent offence, €500.

(4) A member of the Garda Síochána may arrest without warrant any person committing an offence under this section or whom the member, with reasonable cause, suspects of being guilty of such an offence.

(5) It shall not be unlawful for a licensee to refuse admission to the licensed premises to any person convicted of a offence under this section where, having regard to the obligations of the licensee under the Acts and this Act, admission could reasonably be regarded as involving a substantial risk that the person would engage in disorderly conduct.

9. Temporary closure of premises.

9. —(1) This section applies to an offence under sections 4, 7 and 17 and section 34A (as inserted by section 15) of the Act of 1988 and to an offence under regulations made by the Minister under section 22.

(2) Subject to subsection (3), where a licensee is convicted by the District Court of an offence to which this section applies, the Court shall, in addition to any penalty imposed, make an order (in this section referred to as a “temporary closure order”) for the closure of the premises concerned or any part thereof for a period—

(a) F4[of not less than 2 and not more than] 7 days for a first such offence, or

(b) of not less than 7 and not more than 30 days for a second or any subsequent such offence.

(3) Where a licensee—

(a) is convicted of more than one offence to which this section applies, and

(b) all the offences were committed on the same occasion,

only one temporary closure order may be made in respect of the offences.

(4) In determining the duration of a temporary closure order, the Court may seek from a member of the Garda Síochána involved in the investigation of the offence a report on the circumstances in which it was committed and any other information which the Court may consider to be of assistance to it in dealing with the case.

(5) The period of closure specified in a temporary closure order shall commence—

(a) if no appeal is made against the conviction or period of closure concerned, on the 30th day after the order is made, or

(b) if such an appeal is made and the conviction or period of closure is affirmed, on the 30th day after the conviction or such period is affirmed,

and shall end—

(i) if no appeal is made against the conviction or period of closure, on the expiration of the period specified in the order,

(ii) if such an appeal is made and the conviction or period of closure is affirmed, on the expiration of the period so specified, or

(iii) if on appeal the period of closure is varied, on the expiration of the period as so varied.

(6) A temporary closure order which is in force in respect of any premises or part thereof shall have effect for the purposes of the Acts and this Act as if the premises or that part were not licensed for the sale of intoxicating liquor during the period of closure mentioned in subsection (5).

(7) If on appeal a conviction for an offence to which this section applies is reversed, the temporary closure order concerned shall thereupon cease to have effect.

(8) While licensed premises or any part thereof are closed in compliance with a temporary closure order, the licensee shall affix to the exterior of the premises, in a conspicuous place, a notice specifying the period of closure and stating that the closure is in compliance with the order.

(9) A licensee who contravenes subsection (8) is guilty of an offence and liable on summary conviction to a fine not exceeding—

(a) for a first offence, €300, or

(b) for a second or subsequent offence, €500.

(10) No employee who is working in the premises to which a temporary closure order applies shall be disadvantaged in his or her employment by reason of the order during the period of closure under it.

(11) For the purposes of subsection (10), “employee” means any person who works under a contract of employment with an employer, and includes a part-time employee within the meaning of the Protection of Employees (Part-Time Work) Act 2001.

(12) Nothing in the Acts shall prohibit the Court from ordering that a conviction for an offence to which this section applies be recorded on the licence held by the person so convicted, and accordingly, where the Court so orders, the offence concerned shall be deemed for the purposes of Part III (endorsement of licences) of the Act of 1927 to be an offence to which that Part of that Act applies.

(13) If—

(a) the conviction for an offence to which this section applies is affirmed by the Circuit Court on appeal, or

(b) the appeal relates to the period of closure specified in the temporary closure order,

the Court may vary the period of closure specified in the relevant temporary closure order.

PART 3 Other Amendments of Intoxicating Liquor Acts

10. Amendment of prohibited hours on Thursdays.

10. —Section 2 (a19.s amended by section 3 of the Act of 2000) of the Act of 1927 is amended in subsection (1)(b) by the substitution of the following subparagraphs for subparagraphs (vi) and (vii):

“(vi) any other Monday, Tuesday, Wednesday or Thursday: between 10.30 a.m. and 11.30 p.m.; and

(vii) any other Friday or Saturday: between 10.30 a.m. and 12.30 a.m. on the following day.”.

11. Special exemption orders.

11. —The Act of 1927 is amended by the substitution of the following section for section 5 (special exemption orders), as amended by section 5 of the Act of 2000:

“5.—(1) In this section—

‘local authority’ means a county council, city council or town council;

‘special exemption order’ means an order of the District Court exempting the holder of an on-licence from the provisions of this Act relating to prohibited hours in respect of licensed premises during the hours and on the occasion specified in the order;

‘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 Acts 1935 to 2003 and forming part of the premises in relation to which the special exemption order is sought, 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 situated.

(2) 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 Garda Síochána for the licensing area concerned a notice of intention to apply for the order, setting out the applicant's name and address and the special occasion, premises and hours in relation to which the order is sought.

(3) The District Court may make a special exemption order if it thinks fit to do so, having heard the officer in charge of the Garda Síochána for the licensing area concerned and having had regard to the terms of any resolution adopted by a local authority pursuant to subsection (7) of this section in relation to the expiry times of such orders.

(4) A special exemption order—

(a) shall contain the following conditions:

(i) that intoxicating liquor shall not be sold at the event, function or dance to which the order relates during the hours specified in the order to persons other than those attending the event,

(ii) that members of the public, other than persons so attending, shall not be admitted to the part of the premises in which intoxicating liquor is being supplied or consumed pursuant to the order, and

(iii) that the event, function or dance is held in compliance with the relevant provisions of the definition of special occasion in subsection (1) of this section,

and

(b) may contain such other conditions as the Court thinks proper, including, as appropriate, a requirement to install a closed circuit television system.

(5) A special exemption order shall expire—

(a) in case it extends to any Monday that is not a public holiday, at 1.00 a.m., or

(b) in any other case, at 2.30 a.m.,

unless the Court, for stated reasons, considers it expedient to grant the order for a shorter period.

(6) The Court shall not grant a special exemption order in respect of any premises unless it is satisfied that the special occasion will be conducted in a manner that will not cause undue inconvenience or nuisance to persons residing in the locality or create an undue risk to public order therein.

(7) (a) A local authority may adopt a resolution concerning the expiry times referred to in subsection (5) of this section in respect of the whole or a specified part of its administrative area and may by resolution amend or rescind such a resolution.

(b) Such a resolution shall not have effect unless—

(i) at least one month's notice of intention to propose the resolution and of the expiry times to be included in it has been given in writing to each member of the local authority,

(ii) the notice and expiry times have been published in at least two newspapers circulating in the area to which the proposed resolution relates, and

(iii) the notice invites interested parties to submit their views on the proposed resolution.

(c) Before any such resolution is adopted the local authority shall consult with the officer in charge of the Garda Síochána for the licensing area concerned and consider any views submitted by that officer and any other persons, including views in relation to any health aspects of the making of a special exemption order.

(d) The local authority shall cause notice of the adoption of such a resolution to be published in at least two newspapers circulating in the area to which the resolution relates and send a copy of the resolution to the district court clerk for the district court district in which is situated the area to which the resolution relates.

(e) In any proceedings evidence of the passing of such a resolution may be given by the production of a copy of a newspaper containing the notice referred to in paragraph (d) of this subsection or by the production of a certificate to that effect purporting to be under the seal of the local authority concerned.

(8) Any person to whom a special exemption order has been granted shall, if and so long as the person complies with the conditions upon which it has been granted, be exempt during the hours and on the special occasion specified in the order 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.