Intoxicating Liquor Act, 1988

• Jurisdiction: Ireland
• Citation: IR No. 16/1988

Number 16 of 1988
INTOXICATING LIQUOR ACT, 1988
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section 1. Short title. 2. Interpretation. 3. Collective citation and construction. 4. Repeals.
PART II
Special Restaurant Licences
5. Commencement Part II. 6. Interpretation Part II. 7. Special restaurant licence. 8. Application for Circuit Court certificate, etc. 9. Grant of special restaurant licence. 10. Objection by Garda Síochána to renewal of special restaurant licence. 11. Power of Board to inspect restaurants. 12. Regulations in respect of restaurant standards. 13. Cancellation of Bord Fáilte Certificate. 14. Prohibited hours in premises having special restaurant licence. 15. Offence. 16. Restaurant not to contain bar. 17. Display of special restaurant licence and Bord Fáilte Certificate. 18. Amendment of section 4 of Courts (No. 2) Act, 1986. 19. Non-application of sections 15 and 17 of Act of 1960. 20. Application of Fire Services Act, 1981. 21. Holder of special restaurant licence not to be holder of on-licence for purposes of section 11 of Act of 1962. 22. Special exemption order not to be granted to holder of special restaurant licence. 23. Amendment of section 20 of Act of 1962. 24. Laying of draft regulations before Houses of Oireachtas.
PART III
Prohibited Hours
25. Prohibited hours generally. 26. Prohibited hours in clubs. 27. Time for consumption of intoxicating liquor supplied during permitted hours. 28. Exemptions for hotels and restaurants. 29. Amendment of section 5 of Act of 1927 (special exemption orders).
PART IV
Provisions relating to persons under the age of 18 years
30. Interpretation Part IV. 31. Sale of intoxicating liquor to persons under the age of 18 years. 32. Provision of intoxicating liquor for persons under the age of 18 years. 33. Offences by persons under the age of 18 years. 34. Exclusion of children from bars of licensed premises. 35. Restriction on persons under the age of 18 years being on licensed premises during extended hours. 36. Restriction on persons under the age of 18 years being on premises used for the sale of intoxicating liquor for consumption off the premises. 37. Powers of Garda Síochána in relation to certain offences. 38. Employment of persons under the age of 18 years. 39. Proof of age in prosecution. 40. Age cards. 41. Forgery or alteration of age cards.
PART V
Registered Clubs
42. Amendment of section 4 of Registration of Clubs (Ireland) Act, 1904. 43. Search of clubs by member of Garda Síochána. 44. Objections to grant of club certificates. 45. Restrictions on advertisements relating to functions in clubs. 46. Amendment of section 5 of Registration of Clubs (Ireland) Act, 1904.
PART VI
Miscellaneous
47. Provisions in relation to sale of intoxicating liquor in supermarkets, etc. 48. Amendment of section 12 of Act of 1927 (restaurant certificates). 49. Amendment of section 18 of the Act of 1962 (licences for greyhound tracks). 50. “Licence” in section 4 of Courts (No. 2) Act, 1986. 51. Increase of fines.
SCHEDULE
Acts Referred to Children Act, 1908 1908, c. 67 Courts (No. 2) Act, 1986 1986, No. 26 Finance (1909-1910) Act, 1910 1910, c. 8 Fire Services Act, 1981 1981, No. 30 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 (General) Act, 1924 1924, No. 62 Licensing Act, 1872 1872, c. 94 Licensing Act (Ireland), 1874 1874, c. 69 Licensing Acts, 1833 to 1986 Licensing (Ireland) Act, 1833 1833, c. 68 Licensing (Ireland) Act, 1902 1902, c. 18 Refreshment Houses (Ireland) Act, 1860 1860, c. 107 Registration of Clubs Acts, 1904 to 1986 Registration of Clubs (Ireland) Act, 1904 1904, c. 9 Summary Jurisdiction (Ireland) Act, 1908 1908, c. 24 Tourist Traffic Acts, 1939 to 1987
Number 16 of 1988
INTOXICATING LIQUOR ACT, 1988
AN ACT TO AMEND AND EXTEND THE LICENSING ACTS, 1833 TO 1986, TO AMEND THE REGISTRATION OF CLUBS ACTS, 1904 TO 1986, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22nd June, 1988]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
PART I Preliminary and General
	Short title.	1.—This Act may be cited as the Intoxicating Liquor Act, 1988.
	Interpretation.	2.—(1) In this Act—
	“the Act of 1927” means the Intoxicating Liquor Act, 1927 ;
	“the Act of 1960” means the Intoxicating Liquor Act, 1960 ;
	“the Act of 1962” means the Intoxicating Liquor Act, 1962 ;
	“the Acts” means the Licensing Acts, 1833 to 1986;
	“bar” means any open bar or any part of a licensed premises exclusively or mainly used for the sale and consumption of intoxicating liquor and shall include any counter or barrier across which drink is or can be served to the public;
	“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 the District Court;
	“licensed premises” means premises in respect of which a licence has been granted and is in force;
	“the Minister” means the Minister for Justice.
	(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.
	Collective citation and construction.	3.—(1) The Acts and this Act, in so far as this Act amends and extends the Acts, may be cited together as the Licensing Acts, 1833 to 1988, and shall be construed together as one.
	(2) The Registration of Clubs Acts, 1904 to 1986, and this Act, in so far as this Act amends those Acts, may be cited together as the Registration of Clubs Acts, 1904 to 1988, and shall be construed together as one.
	Repeals.	4.—Section 120 of the Children Act, 1908, and sections 10 , 11 , 12 and 25 of the Intoxicating Liquor (General) Act, 1924 , are hereby repealed.
PART II Special Restaurant Licences
	Commencement Part II .	5.—This Part shall come into operation on such day as the Minister may by order appoint.
	Interpretation Part II .	6.—In this Part—
	“applicant” means an applicant for the grant of a special restaurant licence;
	“the Board” means Bord Fáilte Éireann;
	“Bord Fáilte Certificate” has the meaning assigned to it by section 8 (2) of this Act;
	“dining area” means the area set aside in a restaurant for the service and consumption of meals;
	“owner”, in relation to a restaurant, includes any person having any estate or interest in the restaurant;
	“restaurant” means any premises which are structurally adapted and used for the purpose of supplying substantial meals to the public for consumption on the premises and in which any other business carried on is ancillary and subsidiary to the provision of such meals;
	“special restaurant licence” has the meaning assigned to it by section 7 (1) of this Act;
	“waiting area” means an area—
	(a) that is set aside as a waiting area in a restaurant for the purposes only of accommodating persons waiting to enter the dining area of the restaurant for the purpose of consuming a meal, and
	(b) whose floor area does not exceed 20 per cent. of the floor area of the dining area of the restaurant.
	Special restaurant licence.	7.—(1) In this Act “special restaurant licence” means a licence granted by the Revenue Commissioners pursuant to a certificate of the Circuit Court given under section 8 of this Act to a person in respect of a restaurant of which he is the owner and occupier authorising, subject to the provisions of this Act—
	(a) the supply of intoxicating liquor for consumption on those premises, and
	(b) the consumption of intoxicating liquor on those premises,
	if, in each case, the intoxicating liquor is—
	(i) ordered by or on behalf of a person for whom a substantial meal has been ordered,
	(ii) supplied in either the waiting area or the dining area of the restaurant,
	(iii) consumed in the waiting area of the restaurant before the meal by the person for whom the meal has been ordered, or consumed by that person in the dining area of the restaurant either during the meal or at any time not later than thirty minutes after the meal has ended, and
	(iv) paid for at the same time as the meal is paid for:
	Provided always that suitable beverages other than intoxicating liquor (including drinking water) are also available for consumption.
	(2) Where a special restaurant licence is in force in relation to any premises, the licence shall be deemed for the purposes of the Finance (1909-1910) Act, 1910 , to be a retailer's on-licence notwithstanding the fact that it does not authorise the sale of intoxicating liquor for consumption off the premises as provided for in relation to retailers' on-licences generally by that Act.
	Application for Circuit Court certificate, etc.	8.—(1) Where a person (in this section referred to as the applicant) duly gives notice of his intention to apply for a special restaurant licence in respect of a restaurant of which the applicant is the owner and occupier and, at the proceedings in the Circuit Court in relation to such application, the...