Intoxicating liquor act 2008

• Enactment Date: 21 July 2008
• Act Number: 17

Number 17 of 2008
INTOXICATING LIQUOR ACT 2008
ARRANGEMENT OF SECTIONS
PART 1
Preliminary and General
Section
1. Short title, collective citations, construction and commencement.
2. Interpretation.
3. Repeal.
PART 2
Sale and Consumption of Intoxicating Liquor
4. Amendment of section 2 of Act of 1927.
5. Amendment of section 4 of Act of 1927.
6. New wine retailer’s off-licence shall not be granted except pursuant to certificate issued by District Court.
7. Grounds on which District Court may refuse to give certificate in respect of new relevant off-licences.
8. Provisions supplementary to sections 6 and 7.
9. Amendment of section 3 of Act of 1927.
10. Amendment of section 5 of Act of 1927.
11. Amendment of section 21 of Act of 1927.
12. Amendment of section 30 of Act of 1988.
13. Amendment of section 36A of Act of 1988.
14. Insertion of new sections 37A, 37B and 37C into Act of 1988.
15. Amendment of section 9 of Act of 2003.
16. Regulations relating to sale, supply and consumption of intoxicating liquor.
17. Increase of certain fines in Licensing Acts 1833 to 2004.
PART 3
Amendment of Criminal Justice (Public Order) Act 1994
18. Amendment of section 4 of Act of 1994.
19. Insertion of new sections 8A and 8B into Act of 1994.
20. Amendment of section 23A of Act of 1994.
21. Amendment of section 23B of Act of 1994.
22. Increase of certain fines in Act of 1994.
SCHEDULE 1
Increase of Certain Fines in Licensing Acts 1833 to 2004
SCHEDULE 2
Increase of Certain Fines in Criminal Justice (Public Order) Act 1994
Acts Referred to
Building Control Act 1990 1990, No. 3 Courts (No. 2) Act 1986 1986, No. 26 Courts of Justice Act 1924 1924, No. 10 Courts of Justice Acts 1924 to 1961 Criminal Justice Act 2006 2006, No. 26 Criminal Justice (Public Order) Act 1994 1994, No. 2 Criminal Justice (Public Order) Act 2003 2003, No. 16 Criminal Justice (Public Order) Acts 1994 and 2003 Finance (1909-10) Act 1910 10 Edw. 7 & 1 Geo. 5, c.8 Housing (Miscellaneous Provisions) Act 2002 2002, No. 9 Intoxicating Liquor Act 1927 1927, No. 15 Intoxicating Liquor Act 1943 1943, No. 7 Intoxicating Liquor Act 1960 1960, No. 18 Intoxicating Liquor Act 1962 1962, No. 21 Intoxicating Liquor Act 1988 1988, No. 16 Intoxicating Liquor Act 2000 2000, No. 17 Intoxicating Liquor Act 2003 2003, No. 31 Licensing Act (Ireland) 1874 37 & 38 Vict., c.69 Licensing Acts 1833 to 2004 Private Security Services Act 2004 2004, No. 12 Registration of Clubs Acts 1904 to 2004
Number 17 of 2008
INTOXICATING LIQUOR ACT 2008
AN ACT TO AMEND AND EXTEND THE LICENSING ACTS 1833 TO 2004, THE COURTS OF JUSTICE ACTS 1924 TO 1961, THE REGISTRATION OF CLUBS ACTS 1904 TO 2004 AND THE CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994, AND TO PROVIDE FOR RELATED MATTERS.
[21st July, 2008]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART 1 Preliminary and General
	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.
	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.
	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
	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.”.
	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.”.
	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.
	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...