Intoxicating Liquor Act, 2000

Publication Date:January 01, 2000
 
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INTOXICATING LIQUOR ACT, 2000

2000 Number 17

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:

1 Preliminary

PART 1

Preliminary

S-1 Short title, collective citation, construction and commencement.

1 Short title, collective citation, construction and commencement.

(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.

S-2 Interpretation.

2 Interpretation.

(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.

2 Amendment of Prohibited Hours

PART 2

Amendment of Prohibited Hours

S-3 Amendment of section 2 (prohibited hours) of Act of 1927.

3 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 .".

S-4 Amendment of section 3 (mixed trading) of Act of 1927.

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

4.—Section 3 of the Act of 1927 is amended—

(a) by the substitution of the following for subsection (1) (as substituted by section 8 of the Act of 1960 and as amended by section 3 of the Act of 1962 and section 3 of the Act of 1995):

"(1) Where any business other than the sale of intoxicating liquor (in this section referred to as 'non-licensed business') is carried on in any premises to which an on-licence or an off-licence is attached, the opening or keeping open of the premises for the purpose of carrying on the non-licensed business shall be permitted at any time.",

(b) by the insertion of the following after the said subsection (1):

"(2) Notwithstanding anything in the Acts or this Act, it shall not be unlawful for a premises to which an on-licence or an off-licence is attached and which is concurrently engaged in non-licensed business, to open for the sale for consumption off the premises only of intoxicating liquor between 7.30 a.m. and 10.30 a.m. on weekdays and on a Sunday that falls on 23rd or 24th December in any year.",

and

(c) by the deletion of subsection (3).

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

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

(1) Section 5 of the Act of 1927 is amended—

(a) in subsection (1) (as amended by section 6 of the Intoxicating Liquor Act, 1943 ), by the deletion of "for premises which are an hotel or a restaurant",

(b) by the substitution of the following for subsection (3) (as substituted by section 29 of the Act of 1988):

"(3) A special exemption order shall expire—

(a) in case it extends to any Monday that is not a public holiday, at 1.00 a.m., or

(b) in any other case, at 2.30 a.m.,

unless the Court, for stated reasons, considers it expedient to grant the order for a shorter period.",

(c) in subsection (5) (as inserted by section 11 of the Act of 1960 and substituted by section 12 of the Act of 1962), by the deletion in paragraph (b) of the words "being a dance at which a substantial meal (the price (if any) of which is included in the price (if any) of admission to the dance) is served to the persons attending the dance",

(d) in subsection (6) (as inserted by section 12 of the Act of 1962), by the substitution of "twelve" for "six",

(e) by the deletion of subsection (8) (as so inserted),

(f) by the insertion of the following subsection after subsection (9) (as so inserted):

"(10) A court shall not grant a special exemption order in respect of any premises unless it is satisfied that the special occasion mentioned in subsection (5) of this section will be conducted in a manner which will not cause undue inconvenience to persons residing in the vicinity of those premises.".

(2) Section 4 of the Public Dance Halls Act, 1935 , is amended by the insertion of the following subsection:

"(2) Notwithstanding anything contained in subsection (1) of this section, a public dancing licence granted by virtue of this Act shall be deemed to be a licence that permits public dancing in the place to which the licence applies for a period not 0exceeding thirty minutes after any period in respect of which a special exception order (within the meaning of the Licensing Acts, 1833 to 2000) is in force in respect of that place.".

S-6 Amendment of section 13 (exemptions for hotels and restaurants) of Act of 1927.

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

6.—The Act of 1927 is amended by the substitution of the following for section 13 (as substituted by section 28 of the Act of 1988 and amended by section 4 of the Act of 1995):

"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 an hotel or a restaurant from supplying intoxicating liquor to any person on the premises or from permitting intoxicating liquor to be consumed on the premises—

(a) on Christmas Day, between 12.00 midday and 10.00 p.m., or

(b) on any other day, for one hour after the expiration of any period in respect of that day during which it is lawful, by virtue of section 2(1)(b) (as substituted by section 3 of the Intoxicating Liquor Act, 2000) of this Act, to sell intoxicating liquor on...

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