Public Health (Alcohol) Act 2018

PART 1 Preliminary and General

1. Short title and commencement

1. (1) This Act may be cited as the Public Health (Alcohol) Act 2018.

(2) Subject to subsections (3) to (6), this Act shall come into operation on such day or days as the Minister may by order or orders appoint either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

(3) Section 12 (other than subsections (10) to (12)), subsections (7) to (11) of section 13, sections 15 and 16 and subsection (3)(d) of section 18 shall come into operation on such day or days as the Minister may by order or orders appoint (being a day or days not earlier than 3 years after the date on which the order concerned is made).

(4) Subsections (1) to (3) of section 13 and sections 14, 19 and 20 shall come into operation on such day or days as the Minister may by order or orders appoint (being a day or days not earlier than one year after the date on which the order concerned is made).

(5) Section 18 (other than subsection (3)(d)) shall come into operation on such day or days as the Minister may by order or orders appoint (being a day or days not earlier than 18 months after the date on which the order concerned is made).

(6) The Minister shall, before making an order under this section in relation to—

(a) section 13, insofar as it relates to broadcast advertisements, or

(b) section 19,

consult with the Minister for Communications, Climate Action and Environment and the Broadcasting Authority of Ireland.

2. Interpretation

2. In this Act—

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

“Act of 2009” means the Broadcasting Act 2009;

“advertising” means any form of commercial communication with the aim or direct or indirect effect of promoting an alcohol product and includes, in relation to an alcohol product, every form of recommendation of the product to the public including—

(a) (i) a statement of the name of a manufacturer or importer of an alcohol product, or the name of any brand of alcohol product, or

(ii) a statement of any trade description or designation, or a display or other publication of a trademark, emblem, marketing image or logo, by reference to which the product is marketed or sold,

in circumstances where such statement, display or publication may reasonably be regarded as a recommendation of the product to the public, and

(b) a statement of the properties of the product on a label, container, wrapper or package used for the product or in a leaflet, circular, pamphlet or brochure issued to the public or given to a purchaser of the product;

“alcohol” means pure ethyl alcohol;

“alcohol related merchandise” means a product (other than an alcohol product) bearing the brand name or emblem, the corporate name or emblem, or the trade mark or logo, by reference to which an alcohol product is sold and includes—

(a) clothing (other than children’s clothing),

(b) confectionery and sauces,

(c) glassware, crockery, cloths and bottle openers,

(d) cigarette lighters and ashtrays,

(e) stationery, bags and wallets, and

(f) other decorative and novelty items;

“alcoholic strength by volume” means the ratio, expressed as a percentage, of the volume of alcohol present in the alcohol product concerned to the total volume of the product at a temperature of 20 Celsius;

“alcohol product” has the same meaning as it has in section 73 of the Finance Act 2003;

“authorised officer” means a person appointed under section 24;

“broadcast” has the same meaning as it has in the Act of 2009;

“child” means a person under the age of 18 years;

“clothing” includes footwear;

“compliance notice” has the meaning assigned to it by section 30;

“container” means, in relation to an alcohol product, a bottle or other container and where such bottle or container is accompanied by any additional packaging, also includes such packaging;

“designated analyst” has the meaning assigned to it by section 27;

“designated laboratory” has the meaning assigned to it by section 27;

“Executive” means the Health Service Executive;

“fixed payment notice” has the meaning assigned to it by section 29;

“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 a premises in relation to 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;

“marketing” means any form of commercial communication that is intended to increase or has the effect of increasing, the recognition, appeal or consumption of a particular product or service;

“minimum price of an alcohol product” shall be construed in accordance with section 11;

“Minister” means the Minister for Health;

“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;

“premises” includes any land, building or part of a building, tent, caravan, or other temporary or moveable structure, ship or other vessel, aircraft, railway wagon or other vehicle (whether stationary or otherwise) and any storage container used to transport alcohol products or relevant things;

“prescribed” means prescribed by regulations made by the Minister;

“publication” means a newspaper, magazine or any other periodical, brochure or leaflet and includes a supplement or insert to, or cover of the publication;

“relevant thing” means—

(a) any article or substance used in the manufacture, preparation or storage of an alcohol product,

(b) any label, labelling, packaging or container (including a reusable container) used or intended for use in relation to an alcohol product,

(c) any advertisement or material related to the advertising, marketing, promotion, sponsorship or sale of an alcohol product,

(d) any product or service supplied with an alcohol product, and

(e) any publication, article of children’s clothing or article of alcohol related merchandise;

“reusable container” means a bottle, keg, cask or other container (other than a glass) that is intended to be refilled with an alcohol product for resale by the holder of a licence;

“sell” means sell by retail or wholesale and includes—

(a) offer or expose for sale,

(b) invite the making by a person of an offer to purchase,

(c) distribute free of charge, and

(d) supply for any of these purposes (whether or not for profit);

“trade mark” has the same meaning as it has in the Trade Marks Act 1996.

3. Application of Act to registered clubs

3. This Act shall apply to a club registered under the Registration of Clubs Acts 1904 to 2008, subject to the modifications that—

(a) references in this Act to a holder of a licence shall be construed as references to the secretary of the club concerned, and

(b) references in this Act to a licensed premises shall be construed as references to the premises of the club concerned,

and any other necessary modifications.

4. Applicant to provide written notice to Executive

4. (1) An applicant for—

(a) a certificate for the grant or renewal of a licence under the Licensing Acts 1833 to 2011, or

(b) the grant or renewal of a certificate of registration under the Registration of Clubs Acts 1904 to 2007,

shall give one month’s notice in writing (or such shorter period of notice as the Executive may in the special circumstances of the case agree to accept) of the application to the Executive, and the Executive may appear, be heard and adduce evidence in respect of the application at the hearing.

(2) In any case where a certificate is not required for the renewal of a licence under the Licensing Acts 1833 to 2011, the applicant for such renewal shall give one month’s notice in writing (or such shorter period of notice as the Executive may in the special circumstances of the case agree to accept) of the application for renewal to the Executive and if the Executive objects to such application, the Executive may appear, be heard and adduce evidence in respect of the application for a certificate provided for by section 4(7) or 4(8) (as the case may be) of the Courts (No. 2) Act 1986.

5. Regulations and orders

5. (1) The Minister may by regulations provide for any matter referred to in this Act as prescribed.

(2) Without prejudice to any provision of this Act, regulations under this Act may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(3) Every order (other than an order under subsection (2), (3), (4) or (5) of section 1) and regulation made by the Minister under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House sits after the order or regulation is laid before it, the order or regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

6. Expenses

6. The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Public Expenditure and Reform, be paid out of moneys provided by the Oireachtas.

7. Service of documents

7. (1) A notice or other document that is required to be served on or given to a person under this Act shall be addressed to the person concerned by name, and may be so served on or given to the person in one of the following ways:

(a) by delivering it to the person;

(b) by leaving it at the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, at that address; or

(c) by sending it by post in a prepaid registered letter to the address at which the person ordinarily resides or, in a case in which an address for service has been furnished, to that address.

(2) For the purpose of this section, a company within the meaning of the Companies Acts or the Companies Act 2014 shall be deemed to be ordinarily resident at its registered office, and every other body corporate and every unincorporated body of persons shall be deemed to be ordinarily resident at its principal office or place of business.

8. Offences

8. (1) A person guilty of an offence under section 11(6), 13(3), 13(10), 14(2), 15(4), 16(1), 18(4), 19(3), 20(1), 22(4), 22(7) or section 23(4) shall be liable—

(a) on summary conviction, to a class A fine, or imprisonment for a term not exceeding 6 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 3 years, or both.

(2) A person guilty of an offence under section 12(1) or 12(3) shall be liable—

(a) on summary conviction, to a class A fine, or imprisonment for a term not exceeding 6 months, or both, or

(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 2 years, or both.

(3) A person guilty of an offence under section 12(6), 12(9), 17(1), 25(6) or 30(9) shall be liable on summary conviction to a class A fine, or imprisonment for a term not exceeding 6 months, or both.

(4) If the contravention in respect of which a person is convicted of an offence under section 11(6), 13(3), 13(10), 14(2), 15(4), 16(1), 17(1), 19(3), 20(1), 22(4) or 22(7) is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding €2,000.

(5) In proceedings for an offence under this Act, it shall be a defence for a person against whom such proceedings are brought to show that he or she made all reasonable efforts to ensure compliance with such provisions of this Act as are alleged to have been contravened.

(6) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecution in relation to the investigation, detection and prosecution of the offence.

(7) Summary proceedings for an offence under this Act may be brought and prosecuted by the Executive.

(8) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under section 12(6), 12(9), 17(1), 25(6) or 30(9) may be instituted at any time within 12 months from the date on which the offence was committed or alleged to have been committed.

(9) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person purporting to act in such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(10) Where the affairs of a body corporate are managed by its members, subsection (9) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

9. Remote sale of alcohol products

9. (1) Subject to subsection (2), the sale of an alcohol product is deemed, for the purposes of this Act, to take place at the premises where an agreement is made for the sale of the alcohol product concerned.

(2) Where—

(a) the premises where the agreement for the sale of the alcohol product is made is not in the State, and

(b) the premises from which the alcohol product is despatched is in the State,

the sale is deemed, for the purposes of this Act, to take place at the premises from which the alcohol product is despatched.

10. Repeals

10. (1) The following provisions are repealed:

(a) section 20 of the Act of 2003;

(b) section 22 of the Act of 2003;

(c) section 9 of the Act of 2008;

(d) section 16 of the Act of 2008.

(2) In this section “Act of 2008” means the Intoxicating Liquor Act 2008.

PART 2 Alcohol Products

11. Minimum price of alcohol products

11. (1) The minimum price per gram of alcohol for the purposes of this Act shall be €0.10.

(2) The minimum price of an alcohol product shall be calculated using the following formula:

A x B = C

where—

A is the minimum price per gram of alcohol,

B is the quantity in grams of alcohol contained in the alcohol product, and

C is the minimum price of the alcohol product expressed in euro and cent.

(3) Subject to subsection (4), the Minister may, from time to time, by order increase the minimum price per gram of alcohol for the purposes of this Act.

(4) The Minister shall not make an order under subsection (3) earlier than—

(a) in the case of the first such order, 3 years after the commencement of this section, or

(b) in the case of a second or subsequent such order, 18 months after the previous order made under subsection (3).

(5) When making an order under subsection (3), the Minister shall take into account any expert research available to him or her on the effectiveness of the introduction of the minimum price per gram of alcohol for the purposes of this Act, and shall have regard to—

(a) the rate of alcohol consumption,

(b) patterns of alcohol consumption,

(c) health-related risks caused by alcohol consumption,

(d) data from health services relating to alcohol related presentations at health facilities,

(e) other societal harm caused by alcohol consumption,

(f) the price and affordability of alcohol products, and

(g) such other matters he or she considers appropriate.

(6) A person who—

(a) sells or causes to be sold an alcohol product at a price that is below the minimum price of the alcohol product concerned, or

(b) advertises, promotes or causes to be advertised or promoted the sale of an alcohol product at a price that is below the minimum price of the alcohol product concerned,

shall be guilty of an offence.

(7) Where an alcohol product is supplied or offered for sale together with another product (other than an alcohol product) or service, for a single price, this section shall apply as if the alcohol product concerned is supplied or offered for sale on its own for that price.

(8) Subject to any regulations under section 23, where an alcohol product is supplied or offered for sale together with another alcohol product for a single price, the quantity in grams of alcohol contained in each of the alcohol products concerned shall be included when calculating the minimum price of the first mentioned alcohol product.

(9) The quantity in grams of alcohol contained in an alcohol product shall be calculated using the following formula:

A x B x .789 = C

where—

A is the volume, expressed in millilitres, of liquid contained in the alcohol product,

B is the alcoholic strength by volume of the alcohol product, and

C is the quantity in grams of alcohol contained in the alcohol product.

(10) For the purposes of this section—

(a) the quantity in grams of alcohol contained in an alcohol product shall, after the commencement of section 12 be presumed, unless the contrary is shown, to be—

(i) the quantity in grams of alcohol displayed on the container of the alcohol product concerned pursuant to section 12,

(ii) the quantity in grams of alcohol specified in a document referred to in section 12(4)(e) in respect of the alcohol product concerned, or

(iii) where an alcohol product is sold on-line, the quantity in grams of alcohol in respect of the alcohol product concerned displayed on the relevant website in accordance with section 12(5),