Intoxicating Liquor Act, 1943

JurisdictionIreland
CitationIR No. 7/1943
Year1943


Number 7 of 1943.


INTOXICATING LIQUOR ACT, 1943.


ARRANGEMENT OF SECTIONS

PART I.

Preliminary.

Section

1.

Short title, construction, and collective citation.

PART II.

Amendments of the Intoxicating Liquor Act, 1927.

2.

Definition for the purposes of Part II.

3.

Amendment of section 1 of the Act of 1927.

4.

Amendment of section 2 of the Act of 1927.

5.

Amendment of section 3 of the Act of 1927.

6.

Amendment of section 5 of the Act of 1927.

7.

Amendment of section 11 of the Act of 1927.

8.

Amendment of section 12 of the Act of 1927.

9.

Amendment of section 13 of the Act of 1927.

10.

Amendment of section 14 of the Act of 1927.

11.

Amendment of section 15 of the Act of 1927.

12.

Amendment of section 16 of the Act of 1927.

13.

Amendment of section 24 of the Act of 1927.

14.

Amendment of section 25 of the Act of 1927.

15.

Amendment of section 26 of the Act of 1927.

16.

Amendment of section 27 of the Act of 1927.

17.

Amendment of sections 48 and 49 of the Act of 1927.

18.

Amendment of section 62 of the Act of 1927.

PART III.

Grant of New Licences in Certain Cases.

19.

Definitions for the purposes of Part III.

20.

Grant of a new licence in respect of certain restaurant, etc, premises.

21.

Grant of new licence in respect of more convenient premises.

22.

Grant of new licence in respect of premises substituted for destroyed premises.

23.

Amendment of section 3 of the Act of 1902.

PART IV.

Licences in Respect of Aerodromes and Passenger Aircraft.

24.

Definitions for the purposes of Part IV.

25.

Grant and renewal of licences in respect of premises in an aerodrome.

26.

Transfer and variation of licences in respect of premises in an aerodrome.

27.

Selling to travellers and intending travellers.

28.

Application or exclusion of certain provisions of the Act of 1927.

29.

Licences for sale of intoxicating liquor on aircraft in flight.

PART V.

Miscellaneous.

30.

Gaming by licensed person on licensed premises.

31.

Transfer of publican's licence to licensed beerhouse.

32.

Partial repeal of section 1 of the Licensing (Ireland) Act, 1833.


Acts Referred to

Intoxicating Liquor Act, 1927

No. 15 of 1927

Courts of Justice Act, 1924

No. 10 of 1924

Air Navigation and Transport Act, 1936

No. 40 of 1936

Air Navigation (International Lines) Order, 1935

( S.R. & O., No. 560 of 1935 )


Number 7 of 1943.


INTOXICATING LIQUOR ACT, 1943.


AN ACT TO AMEND AND EXTEND THE LICENSING (IRELAND) ACTS, 1833 TO 1929, IN DIVERS RESPECTS AND, IN PARTICULAR, BY PROVIDING FOR THE LICENSING OF AERODROMES AND PASSENGER AIRCRAFT. [14th April, 1943.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary.

Short title, construction, and collective citation.

1.—(1) This Act may be cited as the Intoxicating Liquor Act, 1943.

(2) This Act shall be construed as one with the Licensing (Ireland) Acts, 1833 to 1929, and may be cited with those Acts as the Licensing Acts, 1833 to 1943.

PART II.

Amendments of the Intoxicating Liquor Act, 1927.

Definition for the purposes of Part II.

2.—In this Part of this Act the expression “the Act of 1927” means the Intoxicating Liquor Act, 1927 (No. 15 of 1927).

Amendment of section 1 of the Act of 1927.

3.Section 1 of the Act of 1927 is hereby amended by the insertion in sub-section (1) after the word “licence” in each of the definitions of the expressions “licensed premises”, “on-licence”, and “off-licence” of the following: “(whether granted on production or without production of a certificate of the Circuit Court or the District Court)”.

Amendment of section 2 of the Act of 1927.

4.Section 2 of the Act of 1927 is hereby amended—

by the deletion of sub-sections (1), (2), and (3) thereof and the insertion therein of the following two sub-sections in lieu of the said sub-sections so deleted, and the said Act and in particular sub-sections (4) and (5) of the said section 2 shall be construed and have effect accordingly, that is to say:—

“(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 week day—

(i) during a period of summer time, before the hour of half-past ten o'clock in the morning or after the hour of half-past 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

(ii) during any period which is not a period of summer time, 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 Sunday—

(i) in the case of the county borough of Dublin or the Dublin Metropolitan Area, before the hour of half-past one o'clock in the afternoon, or between the hours of three o'clock and five o'clock in the afternoon or after the hour of seven o'clock in the evening, or

(ii) in the case of any other county borough, before the hour of one o'clock in the afternoon or between the hours of three o'clock and five o'clock in the afternoon, or after the hour of seven o'clock in the evening, or

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

The exceptions referred to in the foregoing paragraph (a) 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 on such premises intoxicating liquor for sale on such orders.

(2) Save as is otherwise provided by this Act, it shall not be lawful for any person in any place not being a county borough to sell or expose for sale 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 week-day—

(i) during a period of summer time, before the hour of half-past ten o'clock in the morning or after the hour of half-past ten o'clock in the evening, or

(ii) during any period which is not a period of summer time, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or

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

Amendment of section 3 of the Act of 1927.

5.Section 3 of the Act of 1927 is hereby amended—

(a) by the deletion from sub-section (1) thereof of all words after the words “save and except”, and the insertion in that sub-section of the following words in lieu of the said words so deleted, that is to say, “between the hours of nine o'clock and half-past ten o'clock in the morning on week days during a period of summer time and between the hours of nine o'clock and ten o'clock in the morning on week days during any period which is not a period of summer time”,

(b) by the insertion in sub-section (2) thereof, after the words “off-licence is attached”, of the words and brackets “(other than premises to which a wine retailer's off-licence within the meaning of the Finance (1909-10) Act, 1910 , and no other off-licence is attached)”,

(c) by the deletion from sub-section (2) thereof of all words after the words “save and except” and the insertion in that sub-section of the following words in lieu of the said words so deleted, that is to say, “between the hours of nine o'clock and half-past ten o'clock in the morning on week days during a period of summer time and between the hours of nine o'clock and ten o'clock in the morning on week days during any period which is not a period of summer time, and if such premises are situate in a county borough, between the hours of half-past two o'clock and half-past three o'clock in the afternoon on week days during any period, whether it is or is not a period of summer time”.

Amendment of section 5 of the Act of 1927.

6.Section 5 of the Act of 1927 is hereby amended by the deletion in sub-section (1) of the words “and are situate in a county borough”.

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