Intoxicating Liquor Act 2008

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 2008.

(2) The Licensing Acts 1833 to 2004 and section 3, Part 2 and Schedule 1, in so far as they amend and extend those Acts, may be cited together as the Licensing Acts 1833 to 2008 and shall be construed together as one.

(3) The Courts of Justice Acts 1924 to 1961 and section 8(a), to the extent that it extends those Acts, may be cited together as the Courts of Justice Acts 1924 to 2008 and shall be construed together as one.

(4) The Registration of Clubs Acts 1904 to 2004 and sections 14 and 16, in so far as they amend and extend those Acts, may be cited together as the Registration of Clubs Acts 1904 to 2008 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.— In this Act, unless the context otherwise requires—

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

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

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

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

“ Act of 1986 ” means the Courts (No. 2) Act 1986;

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

“ Act of 1994 ” means the Criminal Justice (Public Order) Act 1994;

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

“ Act of 2003 ” means the Intoxicating Liquor Act 2003;

“ Act of 2006 ” means the Criminal Justice Act 2006;

“beer retailer’s off-licence” has the meaning assigned to it by the Act of 1910;

“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;

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

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

“ spirit retailer’s off-licence ” has the meaning assigned to it by the Act of 1910;

“ wine retailer’s off-licence ” has the meaning assigned to it by the Act of 1910.

3. Repeal.

3.— Subsection (2) (inserted by section 4 of the Act of 2000) of section 3 of the Act of 1927 is repealed.

PART 2 Sale and Consumption of Intoxicating Liquor

4. Amendment of section 2 of Act of 1927.

4.— Section 2 (inserted by section 25 of the Act of 1988 and as amended by section 3 of the Act of 2000 and section 10 of the Act of 2003) of the Act of 1927 is amended—

(a) in subsection (1)(b), by inserting “subject to subsections (1C) and (1D),” before “on any other day”,

(b) in subsection (1A), by substituting “Without prejudice to subsection (1C), the” for “The”, and

(c) by inserting the following subsections after subsection (1B):

“(1C) Without prejudice to subsection (1)(a), it shall not be lawful for any person to sell any intoxicating liquor, for consumption off the premises concerned (whether or not it is an on-licence or an off-licence attached to the premises), on any day, as specified hereunder, outside the times so specified in respect of it—

(a) Saint Patrick’s Day: between 12.30 p.m. and 10.00 p.m.,

(b) any Sunday: between 12.30 p.m. and 10.00 p.m., and

(c) any day other than Saint Patrick’s Day or a Sunday: between 10.30 a.m. and 10.00 p.m.

(1D) It shall not be lawful for any person to sell any intoxicating liquor, for consumption off the premises concerned, being premises the subject of a general exemption order, on any day during the period—

(a) beginning on that day on which it is lawful, pursuant to such order, to sell intoxicating liquor for consumption on the premises, and

(b) ending at 10.30 a.m. on that day.”.

5. Amendment of section 4 of Act of 1927.

5.— Section 4 (as amended by section 10 of the Act of 1960) of the Act of 1927 is amended—

(a) in subsection (1), by substituting “Subject to the other provisions of this section, the” for “The”, and

(b) by substituting the following for subsection (7):

“(7) No general exemption order shall be granted—

(a) in respect of premises unless a general exemption order was in force in respect of the premises on 30 May 2008, or

(b) for any time on any Sunday or Saint Patrick’s Day, Christmas Day or Good Friday.”.

6. New wine retailer’s off-licence shall not be granted except pursuant to certificate issued by District Court.

6.— The Revenue Commissioners shall not grant a new wine retailer’s off-licence to a person unless a certificate is presented to them which has been received by the person from the District Court and which entitles the person to a wine retailer’s off-licence.

7. Grounds on which District Court may refuse to give certificate in respect of new relevant off-licences.

7.— (1) The District Court may refuse to give to a person a certificate entitling him or her to receive a new relevant off-licence in respect of premises on the grounds of—

(a) the character, misconduct or unfitness of the person,

(b) the unfitness or inconvenience of the premises,

(c) the unsuitability of the premises for the needs of persons residing in the neighbourhood, or

(d) the adequacy of the existing number of licensed premises of the same character in the neighbourhood.

(2) The District Court may impose a condition, on giving a certificate referred to in subsection (1), relating to the installation, use or operation, or any combination thereof, of a closed circuit television system in respect of the premises concerned and, accordingly, if there is any failure to comply with such condition, such failure shall relate to the good character of the licensee for the purposes of the renewal under the Act of 1986 of the relevant off-licence concerned.

(3) At the hearing by the District Court of an application by a person to give to the person a certificate entitling him or her to receive a new relevant off-licence in respect of premises—

(a) the Superintendent of the Garda Síochána within whose district the premises are situate, and

(b) any person who resides in the neighbourhood,

may object to the application and, for that purpose, may appear and give evidence.

(4) Notwithstanding the Licensing Acts 1833 to 2004—

(a) the District Court may not refuse to give a certificate referred to in subsection (1) on grounds where it has a discretion to so refuse except on the grounds specified in that subsection, and

(b) only a person who falls within paragraph (a) or (b) of subsection (3) in respect of the application concerned may object to the application.

(5) For the purposes of the application of section 4 of the Act of 1986 to any renewal of a wine retailer’s off-licence, the Superintendent of the Garda Síochána within whose district the licensed premises concerned are situate shall be deemed to be a person who, pursuant to subsection (6) of that section, may object to the renewal of such licence.

(6) This section shall not apply to an application, made by a person to give to the person a certificate entitling him or her to receive a new relevant off-licence in respect of premises, in respect of which service of the notice of the application has been effected in accordance with the District Court Rules 1997 (S.I. No. 93 of 1997) before the commencement of this section.

(7) In this section, “ relevant off-licence ” means—

(a) a spirit retailer’s off-licence,

(b) a beer retailer’s off-licence, and

(c) a wine retailer’s off-licence.

8. Provisions supplementary to sections 6 and 7.

8.— For the purposes of sections 6 and 7—

(a) the District Court shall have and may exercise, in relation to a wine retailer’s off-licence and with any necessary modifications, all the powers, jurisdictions and authorities which the District Court has and may exercise, in relation to a spirit retailer’s off-licence, pursuant to section 77 of the Courts of Justice Act 1924 except any such powers, jurisdictions and authorities to the extent that they are applicable to the transfer of a spirit retailer’s off-licence, and

(b) section 10 (inserted by section 9 of the Act of 1986) of the Licensing Act (Ireland) 1874 shall apply, in relation to a new wine retailer’s off-licence and with any necessary modifications, as such section 10 applies to a new spirit retailer’s off-licence.

9. Amendment of section 3 of Act of 1927.

9.— F2[…]

10. Amendment of section 5 of Act of 1927.

10.— Section 5 (inserted by section 11 of the Act of 2003) of the Act of 1927 is amended—

(a) in subsection (1), in the definition of “ special exemption order ”, by inserting “, or the holder of a theatre licence,” after “on-licence”,

(b) by substituting the following subsections for subsection (4):

“(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;

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

(iv) that, in the case of a special occasion which does not fall within paragraph (a)(ii) of the definition of ‘special occasion’ in subsection (1), a closed circuit television system be in operation on the premises concerned during the course of the special occasion;

(v) if subparagraph (iv) is applicable but the premises concerned do not have a closed circuit television system installed in them, that a closed circuit television system be installed in them for the purposes of that subparagraph; and

(vi) that any person providing, in respect of the event, function or dance, a security service as a door supervisor, within the meaning of section 2(1) of the Private Security Services Act 2004, be the holder of a licence required under that Act to provide such service;

and

(b) may contain such other conditions as the Court thinks proper.

(4A) Nothing in subparagraphs (i) to (vi) of paragraph (a) of subsection (4) shall prejudice the generality of paragraph (b) of that subsection.”,

(c) in subsection (5), by inserting “(including reasons related to maintaining public order)” after “reasons”, and

(d) by substituting the following subsection for subsection (6):

“(6) The Court shall not grant a special exemption order in respect of any premises unless it is satisfied that—

(a) the premises comply with the fire safety standards under the Building Control Act 1990 applicable to such premises, and

(b) the special occasion will be conducted in a manner that will not—

(i) cause undue inconvenience or nuisance to persons residing in the locality, or

(ii) create an undue threat to public order or public safety in the locality.”.

11. Amendment of section 21 of Act of 1927.

11.— Section 21 of the Act of 1927 is amended—

(a) in subsection (1), by deleting “not”, and

(b) in subsection (2), by substituting “Subject to subsection (1), in” for “In”.

12. Amendment of section 30 of Act of 1988.

12.— Section 30 of the Act of 1988 is amended by inserting the following definition after the definition of “ age card ”:

“ ‘ bottle or container ’ means a bottle or container irrespective of whether—

(a) the bottle or container is opened or unopened, and

(b) any or all of the contents of the bottle or container have been or are being consumed,

and includes the contents of the bottle or container;”.

13. Amendment of section 36A of Act of 1988.

13.— Section 36A (inserted by section 13 of the Act of 2000) of the Act of 1988 is amended, in subsection (2), in paragraph (a), by substituting “of not less than 2 and not more than” for “not exceeding”.

14. Insertion of new sections 37A, 37B and 37C into Act of 1988.

14.— The Act of 1988 is amended by inserting the following sections after section 37:

“Power to seize intoxicating liquor in possession of person under age of 18 years, etc.

37A.— (1) This section applies where a member of the Garda Síochána believes with reasonable cause that—

(a) a person under the age of 18 years is in a relevant place alone or accompanied by another person,

(b) a bottle or container which contains intoxicating liquor is in the possession of the relevant person or the accompanying person, and

(c) such intoxicating liquor (whether in whole or in part) has been, is being, or is intended to be, consumed by the relevant person in such relevant place or another relevant place.

(2) Where this section applies, the member may—

(a) seek an explanation from the relevant person or, as appropriate, the accompanying person, as to all or any of the matters to which the relevant belief relates, and

(b) do one or more of the following, if such person fails or refuses to give such an explanation or if such an explanation is given, and in either case the member remains of the relevant belief:

(i) request such person in possession of the bottle or container to immediately give it to the member (or to another member of the Garda Síochána accompanying the member) and at the same time as the request is made give to such person a warning in ordinary language that a failure or refusal to comply with the request may lead to the seizure of the bottle or container or to his or her arrest or to both (or words to the like effect);

(ii) if such person fails or refuses to comply with the request, seize, detain and remove, without warrant, the bottle or container with the use, if necessary, of such force as is reasonable in the circumstances;

(iii) request the relevant person to provide the member with his or her name, address and age.

(3) Where—

(a) a person fails or refuses to comply with a request made by the member under subparagraph (i) or (iii) of paragraph (b) of subsection (2), or

(b) the member has reasonable grounds for believing that the name, address or age provided to the member, in compliance with a request made by the member under subparagraph (iii) of paragraph (b) of subsection (2), is false or misleading,

the member may arrest such person without warrant.

(4) A person who—

(a) fails or refuses to comply with a request made by the member under subparagraph (i) or (iii) of paragraph (b) of subsection (2), or

(b) in purported compliance with a request made by the member under subparagraph (iii) of paragraph (b) of subsection (2), provides to the member a name, address or age which is false or misleading,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €500.

(5) Where the member or another member of the Garda Síochána has been given, or has seized, detained and removed, a bottle or container pursuant to this section, the member shall—

(a) dispose of the bottle or container in such manner as he or she considers appropriate, and

(b) make and retain, or cause to be made and retained, a record in writing of the manner, date and place of such disposal.

(6) Nothing in this section shall prejudice the operation of the other provisions of this Act or of the Criminal Justice (Public Order) Acts 1994 and 2003.

(7) In this section—

‘ relevant belief ’, in relation to a member of the Garda Síochána, means the belief referred to in subsection (1) of the member;

‘ relevant person ’ means the person first-mentioned in paragraph (a) of subsection (1);

‘ relevant place ’ means a place other than a place used as a private dwelling.

Power of entry for purposes of section 37A, etc.

37B.— A member of the Garda Síochána may enter without warrant a place other than a place used as a private dwelling if the member has reasonable grounds for believing that—

(a) the matters specified in paragraphs (a), (b) and (c) of subsection (1) of section 37A, or

(b) the matters specified in paragraphs (a), (b) and (c) of subsection (1) of section 8A (inserted by section 19 of the Intoxicating Liquor Act 2008) of the Criminal Justice (Public Order) Act 1994,

are occurring in such place.

Test purchasing of intoxicating liquor.

37C.— (1) A member of the Garda Síochána may, in the course of his or her duty as such member and in accordance with guidelines issued under subsection (4), send a person who is at least 15 years of age but under the age of 18 years into licensed premises for the purpose of the person purchasing intoxicating liquor therein if but only if—

(a) the parent or guardian of the person has consented, in writing, to him or her being sent into those premises for that purpose, and

(b) the member is satisfied that all reasonable steps have been or will be taken to avoid harm to the welfare of the person.

(2) Section 32(3) (inserted by section 13 of the Intoxicating Liquor Act 2003) shall not apply to a member of the Garda Síochána in any case where the member sends a person into licensed premises in accordance with subsection (1).

(3) Paragraphs (a) and (c) of section 33(1) shall not apply to a person in any case where a member of the Garda Síochána sends the person into licensed premises in accordance with subsection (1) and the person, whilst in those premises—

(a) purchases intoxicating liquor, or