Intoxicating Liquor Act, 1927

JurisdictionIreland


Number 15 of 1927.


INTOXICATING LIQUOR ACT, 1927.


ARRANGEMENT OF SECTIONS

PART I.

Preliminary.

Section

1.

Definitions and application.

PART II.

Prohibited Hours.

2.

Prohibited hours generally.

3.

Mixed trading.

4.

General exemption orders.

5.

Special exemption orders.

6.

Occasional licences.

7.

Production of exemption orders, etc.

8.

Six-day licences.

9.

Early closing licences.

10.

Remission of duty in certain cases.

11.

Transfer of seven-day licence to six-day licensed premises.

12.

Restaurant certificate.

13.

Certain exemptions for hotels and restaurants.

14.

Other exemptions from prohibited hours.

15.

Bona fide travellers.

16.

Area exemption orders.

17.

Persons on licensed premises during prohibited hours.

18.

False pretence of being a lodger.

19.

Closing by order of Justice.

20.

Admission to theatres.

21.

Sale of intoxicating liquor in theatres.

22.

Powers of Gárda Síochána.

23.

Exceptions from this Part of this Act.

PART III.

Endorsement of Licences.

24.

Interpretation.

25.

Recording of convictions on licences.

26.

Special order against recording.

27.

Removal of record of conviction by the Circuit Court.

28.

Forfeiture of licences.

29.

Two or more offences on the same day.

30.

Relief to bona fide purchasers.

31.

Omission to record conviction on licence.

32.

General provisions in relation to recording of convictions.

33.

Admission of registers and endorsements as evidence.

34.

Penalty for defacing record of conviction on licence.

35.

Application of the Probation of Offenders Act, 1907.

PART IV.

Reduction of Licences.

36.

Interpretation.

37.

Compensation Authorities.

38.

Compensation funds.

39.

Ground for abolition of licences.

40.

Reference orders.

41.

Abolition orders.

42.

Compensation on abolition of licence.

43.

Allocation of compensation.

44.

Payment of compensation.

45.

Investment of compensation money.

46.

Gratuities to certain employees of holders of abolished licences.

47.

Compensation annuities.

48.

Apportionment of compensation annuities.

49.

Recovery of compensation annuities.

50.

Appeals and costs.

51.

Surrender of leases.

52.

Application of Increase of Rent and Mortgage Interest (Restrictions) Act, 1923.

53.

Rules in relation to compensation authorities.

54.

Expenses.

PART V.

Clubs.

55.

Interpretation.

56.

Prohibited hours in clubs.

57.

Alternative prohibited hours in sports clubs.

58.

Breach of club rules relating to prohibited hours.

59.

Objections to grant of certificate.

PART VI.

Miscellaneous and General.

60.

Continuance of licence pending appeal to Circuit Court.

61.

Wine retailer's off-licence.

62.

Grant of new off-licence in lieu of an on-licence.

63.

Repeals.

64.

Short title, construction and citation.

FIRST SCHEDULE.

SECOND SCHEDULE.


Acts Referred to

Summer Time Act, 1925

No. 8 of 1925

Increase of Rent and Mortgage Interest (Restrictions) Act, 1923

No. 19 of 1923

Intoxicating Liquor (General) Act, 1924

No. 62 of 1924


Number 15 of 1927.


INTOXICATING LIQUOR ACT, 1927.


AN ACT TO AMEND AND IN PART CONSOLIDATE THE LAW RELATING TO THE SALE OF INTOXICATING LIQUOR, TO ENABLE THE NUMBER OF LICENCES FOR THE SALE OF INTOXICATING LIQUOR TO BE REDUCED BY THE ABOLITION FROM TIME TO TIME OF CERTAIN SUCH LICENCES, AND TO AMEND THE LAW RELATING TO THE REGISTRATION OF CLUBS. [20th May, 1927.]

BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—

PART I.

Preliminary.

Definitions and application.

1.—(1) In this Act (except in Part V thereof)—the expression “week day” means any day which is not a Sunday and is not Good Friday, Christmas Day, or Saint Patrick's Day;

the expression “ordinary week day” means any week day which is not a Saturday;

the word “Saturday” does not include a Saturday which is Christmas Day or St. Patrick's Day;

the expression “Saint Patrick's Day” does not include a Saint Patrick's Day which falls on a Sunday;

the word “Sunday” does not include a Sunday which is Christmas Day;

the expression “period of summer time” means a period appointed by or under the Summer Time Act, 1925 (No. 8 of 1925) to be a period of summer time;

the word “town” means and includes any town having Commissioners under the Towns Improvement (Ireland) Act, 1854 ;

the word “hotel” means licensed premises structurally adapted for use and bona fide used as a hotel or a hotel and restaurant and having not less than ten apartments set apart and exclusively used for the sleeping accommodation of travellers;

the word “restaurant” means licensed premises certified under this Act to be a restaurant for the purposes of this Act;

the word “theatre” means a theatre or place of public entertainment licensed for the sale of intoxicating liquor under section 7 of the Excise Act, 1835 ;

the expression “theatre licence” means a licence for the sale of intoxicating liquor granted under section 7 of the Excise Act, 1835 in respect of a theatre;

the expression “licensing area” means a district court area prescribed by law for the purposes of the transaction of licensing business, and when used in relation to licensed premises means the district court area as so prescribed in which the licensed premises are situate;

the expression “Justice of the District Court” when used in relation to licensed premises means the Justice of the District Court for the time being exercising jurisdiction in the licensing area in which the licensed premises are situate;

the expression “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;

the expression “licensed premises” means (except in Part IV of this Act) premises in respect of which a licence for the sale by retaile of intoxicating liquor has been granted and is in force;

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

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

the expression “the Minister” means the Minister for Justice.

(2) For the purposes of the application of this Act (except Part V thereof) to the Dublin Metropolitan area, that area shall be deemed to be a county borough, and accordingly the provisions of this Act in relation to county boroughs shall apply to the whole of the Dublin Metropolitan area, and the provisions of this Act in relation to urban county districts shall not apply to any part of the said area.

PART II.

Prohibited Hours.

Prohibited hours generally.

2.—(1) Save as is otherwise provided by this Act, it shall not be lawful for any person in any county borough to sell or expose for sale any intoxicating liquor or to open or keep open any premises for the sale of intoxicating liquor or to permit any intoxicating liquor to be consumed on licensed premises—

(a) on any ordinary week day, before the hour of ten o'clock in the morning, or after the hour of ten o'clock in the evening, or (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 any Saturday, before the hour of ten o'clock in the morning or after the hour of half-past nine o'clock in the evening, or (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

(c) on any Sunday before the hour of two o'clock in the afternoon or after the hour of five o'clock in the afternoon, or

(d) at any time on Christmas Day, Good Friday, or Saint Patrick's Day.

The exceptions referred to in paragraphs (a) and (b) of this sub-section are—

(i) that between the hours of half-past two o'clock and half-past three o'clock in the afternoon on any week day the holder of an on-licence attached to premises situate in a county borough may receive on such premises orders (accompanied or not accompanied by payment) by post, telegraph, or telephone but not otherwise for intoxicating liquor to be consumed off the premises and to be delivered by such holder at the residence of the person so ordering the same or at a railway station but not otherwise and may so deliver the intoxicating liquor so ordered, but the person so ordering such intoxicating liquor shall not for the purposes of any other section of this Act be a person to whom intoxicating liquor may be lawfully sold or supplied on such premises between the said hours on the said days, and

(ii) that between the hours of half-past two o'clock and half-past three o'clock in the afternoon on any week day the holder of an off-licence attached to premises situate in a county borough may receive verbally or otherwise on such premises orders (accompanied or not accompanied by payment) for intoxicating liquor to be consumed off the premises and to be delivered by such holder at the residence of the person ordering the same or at a railway station but not otherwise and may so deliver the intoxicating liquor so ordered and may open and keep open the said premises for the purpose of receiving such orders and may expose...

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