Intoxicating Liquor Act, 1960

JurisdictionIreland
CitationIR No. 18/1960
Year1960


Number 18 of 1960.


INTOXICATING LIQUOR ACT, 1960.


ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title, construction and collective citation.

2.

Interpretation.

3.

Repeals.

PART II.

Prohibited Hours

4.

Prohibited hours generally.

5.

Exemptions for hotels and restaurants.

6.

Prohibited hours in club.

7.

Prohibited hours in licensed holiday camps.

8.

Mixed trading.

9.

Limited restaurant certificate.

10.

Duration of general exemption orders.

11.

Meaning of “special occasion” in relation to special exemption orders.

12.

Offences in relation to prohibited hours.

PART III.

Licensing.

13.

Grant of new licence in rural area in substitution for two existing licences.

14.

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

15.

Declaration as to fitness and convenience of proposed licensed premises or as to suitability of proposed registered club premises.

16.

Declaration as to suitability of licensed premises for restaurant certificate or limited restaurant certificate.

17.

Licensing or certification of premises the subject of a declaration.

18.

Use of map in describing premises.

19.

Public bars in hotels in certain cases.

20.

Requirement that certain licensed hotels be registered with Bord Fáilte Éireann.

21.

Meaning of “hotel” in the Act of 1902.

PART IV

Miscellaneous

22.

Extension of powers of search and seizure under the Illicit Distillation (Ireland) Act, 1831.

23.

Amendment of section 2 of Act of 1902.

24.

Amendment of section 6 of Act of 1902.

25.

Amendment of section 19 of the Act of 1943.

26.

Amendment of sections 21, 22 and 31 of the Act of 1943.

27.

Grant of full licence for premises having a restricted licence.

28.

Transfer of licences held by nominees.

29.

Transfer of off-licences.

30.

Power in certain cases to grant transfers or renewals of licences in respect of premises to persons other than the owners.

31.

Objection by health authority to grant of licences.

32.

Objection to renewal of licences on ground of unfitness of premises.

33.

Rateable valuations in applications for licences.

34.

Restriction on grant of cider retailer's off-licences.

35.

Sale of spirits thirty degrees under proof without notice.

36.

Amendment of section 25 of the Intoxicating Liquor (General) Act, 1924.

37.

Amendment of section 25 of the Act of 1927.

38.

Restriction of consumption of intoxicating liquor in refreshment houses.

39.

Restriction of sections 28 and 29 of the Weights and Measures Act, 1878.

40.

Sale of intoxicating liquor in sealed containers.

41.

Extension of power of local authority in relation to the issue of certificates under section 6 of the Intoxicating Liquor Act, 1953.

SCHEDULE


Acts Referred to

Licensing (Ireland) Act, 1902

1902, c. 18

Finance (1909-10) Act, 1910

1910, c. 8

Intoxicating Liquor Act, 1927

1927, No. 15

Intoxicating Liquor Act, 1943

1943, No. 7

Tourist Traffic Act, 1952

1952, No. 15

Intoxicating Liquor Act, 1953

1953, No. 30

Registration of Clubs (Ireland) Act, 1904

1904, c. 9

Illicit Distillation (Ireland) Act, 1831

1831, c. 55

Public House (Ireland) Act, 1855

1855, c. 114

Licensing (Ireland) Act, 1833

1833, c. 68

Spirits (Ireland) Act, 1854

1854, c. 89

Interpretation Act, 1937

1937 No. 38

Sale of Food and Drugs Act Amendment Act, 1879

1879, c. 30

Intoxicating Liquor (General) Act, 1924

1924, No. 62

Refreshment Houses (Ireland) Act, 1860

1860, c. 107

Weights and Measure Act, 1878

1878, c. 49

Licensing Act, 1872

1872, c. 94


Number 18 of 1960.


INTOXICATING LIQUOR ACT, 1960.


AN ACT TO AMEND AND EXTEND THE LICENSING ACTS, 1833 TO 1953, AND THE REGISTRATION OF CLUBS ACTS, 1904 TO 1927, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [4th July, 1960.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

PART I.

Preliminary and General.

Short title, construction and collective citation.

1.—(1) This Act may be cited as the Intoxicating Liquor Act, 1960.

(2) This Act, in so far as it amends and extends the Licensing Acts, 1833 to 1953, shall be construed as one therewith and may be cited together therewith as the Licensing Acts, 1833 to 1960, and, in so far as it amends and extends the Registration of Clubs Acts, 1904 to 1927, shall be construed as one therewith and may be cited together therewith as the Registration of Clubs Acts, 1904 to 1960.

Interpretation.

2.—(1) In this Act, save where the context otherwise requires—

“the Act of 1902” means the Licensing (Ireland) Act, 1902 ;

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

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

“the Act of 1943” means the Intoxicating Liquor Act, 1943 ;

“the Court” means, in relation to proceedings in respect of the grant of an on-licence, the Circuit Court, and, in relation to proceedings in respect of an off-licence or the renewal or transfer of an on-licence, the District Court;

“Court area” means a District Court area prescribed by law for the purposes of the transaction of licensing business;

“licence” means a licence for the sale of intoxicating liquor for the grant of which the production of a certificate of the Court is required, and cognate words shall be construed accordingly.

(2) References in this Act to any enactment shall, save where the context otherwise requires, be construed as references to that enactment as amended by any subsequent enactment including this Act.

Repeals.

3.—Each enactment mentioned in the second column of the Schedule to this Act is hereby repealed to the extent mentioned in the third column of that Schedule opposite the mention of that enactment.

PART II.

Prohibited Hours.

Prohibited hours generally.

4.—Section 2 (which relates to prohibited hours) of the Act of 1927 is hereby amended by the substitution for subsections (1) and (2) (both inserted by the Act of 1943) of the following subsections, and the Act of 1927 and in particular subsections (4) and (5) of the said section 2 shall be construed and have effect accordingly:

“(1) Save as is otherwise provided by this Act, it shall not be lawful for any person 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, before the hour of half-past ten o'clock in the morning or—

(i) during the months of June, July, August and September, after the hour of half-past eleven o'clock in the evening, or

(ii) during any other month, after the hour of eleven o'clock in the evening,

or, if the premises are situate in a county borough, (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 Saint Patrick's Day or any Sunday, before the hour of half-past twelve o'clock in the afternoon or between the hours of two o'clock and five o'clock in the afternoon or—

(i) during the months of June, July, August and September, after the hour of nine o'clock in the evening, or

(ii) during any other month, after the hour of eight o'clock in the evening,

or

(c) at any time on Christmas Day or Good Friday.

(2) The exceptions referred to in paragraph (a) of the foregoing subsection are:

(a) 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 the 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 the 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 the 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 the premises between the said hours on the said days, and

(b) 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 the 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 the premises intoxicating liquor for sale on such orders.”

Exemptions for hotels and restaurants.

5.—The following section is hereby substituted for section 13 of the Act of 1927:

“13. Nothing in this Act shall operate to prohibit the holder of an on-licence in respect of premises which are for the time being a hotel or restaurant from supplying intoxicating liquor to any person on the premises or from permitting intoxicating liquor to be consumed on the premises—

(a) on any week-day—

(i) during the months of June, July, August and September, after the hour of...

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