Intoxicating Liquor Act, 2000

JurisdictionIreland
CitationIR No. 17/2000


Number 17 of 2000


INTOXICATING LIQUOR ACT, 2000


ARRANGEMENT OF SECTIONS

PART 1

Preliminary

Section

1.

Short title, collective citation, construction and commencement.

2.

Interpretation.

PART 2

Amendment Of Prohibited Hours

3.

Amendment of section 2 (prohibited hours) of Act of 1927.

4.

Amendment of section 3 (mixed trading) of Act of 1927.

5.

Amendment of section 5 (special exemption orders) of Act of 1927 and section 4 of the Public Dance Halls Act, 1935.

6.

Amendment of section 13 (exemptions for hotels and restaurants) of Act of 1927.

7.

Amendment of section 56 (prohibited hours in clubs) of Act of 1927.

8.

Amendment of section 7 (drinking-up time) of Act of 1962.

9.

Amendment of section 10 (area exemption orders) of Act of 1962.

10.

Amendment of section 11 (occasional licences) of Act of 1962.

11.

Amendment of section 15 (general exemption orders) of Act of 1962.

12.

Amendment of section 14 (exemptions for premises having special restaurant licences) of Act of 1988.

PART 3

Provisions Relating to Under-Age Persons

13.

Amendment of Act of 1988 (temporary closure of premises).

14.

Amendment of sections 31, 35 and 36 (provisions relating to under-age persons) of Act of 1988.

15.

Further amendment of Act of 1988.

16.

Application to registered clubs of provisions of Act of 1988 relating to under-age persons.

17.

Supplier to be identified when intoxicating liquor sold for consumption off premises.

PART 4

Issue, Upgrading and Transfer of Licences

18.

New licences.

19.

Upgrading of restricted licences.

20.

Upgrading of certain other licences.

21.

Transfer of licences.

22.

Description of premises by reference to map.

PART 5

Miscellaneous

23.

Licensing of authorised events at racecourses and greyhound race tracks.

24.

Further amendment of Act of 1962.

25.

Increase of fines.

26.

Sale of beer in restaurants.

27.

Other amendments of Part II (special restaurant licences) of Act of 1988.

28.

Amendment of section 4 of Courts (No. 2) Act, 1986.

29.

Functions in registered clubs.

30.

Groups visiting registered clubs.

31.

Amendment of section 45 (restriction on advertising of functions in registered clubs) of Act of 1988.

32.

Repeal of section 47 of Act of 1988.

33.

Credit sales.

34.

Amendment of Licensing (Ireland) Act, 1833, and Revenue Act, 1898.

35.

Amendment of Licensing Act (Ireland), 1874.

36.

Removal of restrictions on grant of wine retailer's off-licences.

37.

Removal of restriction on grant of beer retailer's off-licence.

38.

Documents to accompany certain applications.

39.

Restriction on grant of licences by Revenue Commissioners.

SCHEDULE

Increase of Fines


Acts Referred to

Beer Licences Regulation (Ireland) Act, 1877

40 & 41 Vic. c. 4

Companies Act, 1963

1963, No. 33

Courts (No. 2) Act, 1986

1986, No. 26

Finance (1909-10) Act, 1910

1910, c. 5 & 8

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, 1995

1995, No. 33

Intoxicating Liquor (General) Act, 1924

1924, No. 28

Licensing Act (Ireland), 1874

1874, c. 69

Licensing (Ireland) Act, 1833

1833, c. 68

Licensing (Ireland) Act, 1902

1902, c. 18

Licensing Acts, 1833 to 1999

Organisation of Working Time Act, 1997

1997, No. 20

Public Dance Halls Act, 1935

1935, No. 2

Public Houses (Ireland) Act, 1855

1855, c. 62

Registration of Business Names Act, 1963

1963, No. 30

Registration of Clubs Acts, 1904 to 1999

Registration of Clubs (Ireland) Act, 1904

1904, c. 9

Revenue Act, 1898

1898, c. 46

Worker Protection (Regular Part-Time Employees) Act, 1991

1991, No. 5


Number 17 of 2000


INTOXICATING LIQUOR ACT, 2000


AN ACT TO AMEND THE TIMES AT WHICH IT IS LAWFUL TO SELL OR EXPOSE FOR SALE ANY INTOXICATING LIQUOR; TO PROVIDE FOR THE TEMPORARY CLOSURE OF LICENSED PREMISES WHERE THE LICENCEHOLDER IS CONVICTED OF CERTAIN OFFENCES RELATED TO THE PRESENCE OF PERSONS UNDER 18 ON THOSE PREMISES; TO MAKE FURTHER PROVISION IN RELATION TO THE ISSUE, UPGRADING AND TRANSFER OF INTOXICATING LIQUOR LICENCES; TO PROVIDE FOR THE ISSUE OF LICENCES IN RESPECT OF CERTAIN AUTHORISED EVENTS AT GREYHOUND RACE TRACKS AND RACECOURSES; TO INCREASE THE MAXIMUM FINES FOR CERTAIN OFFENCES; TO AMEND IN OTHER RESPECTS THE LICENSING ACTS, 1833 TO 1999, AND THE REGISTRATION OF CLUBS ACTS, 1904 TO 1999; AND TO PROVIDE FOR CONNECTED MATTERS. [30th June, 2000]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART 1

Preliminary

Short title, collective citation, construction and commencement.

1.—(1) This Act may be cited as the Intoxicating Liquor Act, 2000.

(2) 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 2000, and shall be construed together as one.

(3) The Registration of Clubs Acts, 1904 to 1999, and this Act, in so far as this Act amends and extends those Acts, may be cited together as the Registration of Clubs Acts, 1904 to 2000, and shall be construed together as one.

(4) 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 provision.

Interpretation.

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

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

“Act of 1904” means the Registration of Clubs (Ireland) Act, 1904 ;

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

“Act of 1924” means the Intoxicating Liquor (General) Act, 1924 ;

“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 1988” means the Intoxicating Liquor Act, 1988 ;

“Act of 1995” means the Intoxicating Liquor Act, 1995 ;

“Acts” mean the Licensing Acts, 1833 to 1999;

“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 the grant of an off-licence, the District Court;

“full licence” means a publican's licence within the meaning of Part II of the Act of 1910 which is neither a six-day licence nor an early-closing licence;

“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;

“Minister” means the Minister for Justice, Equality and Law Reform;

“Saint Patrick's Day” includes a Saint Patrick's Day which falls on a Sunday, and accordingly the definition of that expression in section 1 of the Act of 1927 shall cease to have effect;

“weekday” and “Sunday” have the meanings assigned to them by that section of the Act of 1927.

(2) In this Act—

(a) a reference to a subsection or paragraph is to a subsection or paragraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(b) 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.

PART 2

Amendment of Prohibited Hours

Amendment of section 2 (prohibited hours) of Act of 1927.

3.—Section 2 (as substituted by section 25 of the Act of 1988 and amended by section 2 of the Act of 1995) of the Act of 1927 is amended by the substitution of the following subsections for subsection (1):

“(1) Save as 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) at any time on Christmas Day or Good Friday;

(b) on any other day, as specified hereunder, outside the times so specified in respect of it—

(i) Saint Patrick's Day: between 12.30 p.m. and 12.30 a.m. on the following day;

(ii) the 23rd December: if it falls on a Sunday, between 10.30 a.m. and 11.30 p.m.;

(iii) Christmas Eve and the eve of Good Friday: between 10.30 a.m. and 11.30 p.m.;

(iv) the eve of any public holiday (other than Christmas Eve):

(I) if the eve falls on a weekday, between 10.30 a.m. and 12.30 a.m. on the following day, or

(II) if it falls on a Sunday, between 12.30 p.m. and 12.30 a.m. on the following day;

(v) any other Sunday (except a Saint Patrick's Day which falls on a Sunday): between 12.30 p.m. and 11.00 p.m.;

(vi) any other Monday, Tuesday or Wednesday: between 10.30 a.m. and 11.30 p.m.; and

(vii) any other Thursday, Friday or Saturday: between 10.30 a.m. and 12.30 a.m. on the following day.

(1A) The hours specified in paragraph (b) of subsection (1) in respect of any day specified in that paragraph are in addition to the period between midnight and 12.30 a.m. on that day where that period is included in the hours so specified in respect of the eve of that day.

(1B) In subsection (1), ‘public holiday’ has the meaning given to it by the Organisation of Working Time Act, 1997 .”.

Amendment of section 3 (mixed trading)...

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