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62 1924

INTOXICATING LIQUOR (GENERAL) ACT, 1924

PART II.

LICENSING.

Prohibition of sale of intoxicating liquors without licence.

7. —(1) From and after the passing of this Act no person shall sell, expose for sale, or keep for sale, by retail, any intoxicating liquor without being duly licensed so to sell the same, or at any place where he is not authorised by his licence to sell the same.

(2) Every person who shall sell, expose for sale, or keep for sale, by retail any intoxicating liquor without being duly licensed so to sell such intoxicating liquor, and every person who shall sell, expose for sale, or keep for sale, by retail any intoxicating liquor at any place where he is not authorised by his licence so to sell the same, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding fifty pounds, or in default of payment of such penalty to imprisonment for a term not exceeding six months.

(3) In addition to any other penalty imposed by this section, any person convicted of a second or any subsequent offence under this section or having been convicted before the passing of this Act of an offence under section 3 of the Spirits (Ireland) Act, 1854, or section 3 of the Licensing Act, 1872, is convicted of an offence under this section shall, if he be the holder of a licence of any description for the sale of intoxicating liquor by retail, forfeit such licence.

(4) In the case of a conviction for any offence under this section, the court may, if it thinks expedient so to do, declare all intoxicating liquor found in the possession of the person so convicted, and the vessels containing such liquor, to be forfeited.

(5) No penalty shall be incurred under this section by the heirs, executors, administrators, or assigns of any licensed person who dies before the expiration of his licence, or by the trustee of any licensed person who is adjudged a bankrupt or whose affairs are liquidated by arrangement before the expiration of his licence, in respect of the sale or exposure for sale or keeping for sale of any intoxicating liquor, provided such sale or exposure for sale or keeping for sale be made on the premises specified in such licence, and takes place prior to the sitting of the Justice of the District Court in the court area in which such premises are situate next after the expiration of fourteen days from the death of the said person or the appointment of a trustee in the case of his bankruptcy, or the liquidation of his affairs by arrangement, as the case may be.

Prohibition of sales on credit.

8. —(1) It shall not be lawful for any licence holder to supply any intoxicating liquor for consumption on his premises or for any person to consume any intoxicating liquor on the premises in which it is purchased unless either—

(a) the intoxicating liquor is paid for in ready money before or at the time at which it is supplied, or

(b) the intoxicating liquor is ordered and consumed at the same time as a meal is ordered and consumed, and is paid for at the same time as such meal is paid for.

(2) Every licence holder who shall supply, and every person who shall consume, any intoxicating liquor in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence to a penalty not exceeding five pounds, and in the case of any subsequent offence to a penalty not exceeding ten pounds, and in any case, if the person convicted is a licence holder, the conviction shall be recorded on his licence.

Sale of intoxicating liquor in bottles.

9. —(1) The Minister for Justice may by order prescribe the sizes of the bottles in which any specified intoxicating liquor may be sold, and where any such order is in force it shall not be lawful to sell or supply the intoxicating liquor specified in the order in bottles of any size other than one of the sizes prescribed by the order.

(2) Every person who shall sell or supply any intoxicating liquor in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof in the case of a first offence to a penalty not exceeding five pounds, and in the case of any subsequent offence to a penalty not exceeding ten pounds.

Sales to young persons for consumption on the premises.

10. —Every licence holder who shall knowingly supply or who shall allow any person to supply any description of intoxicating liquor to a person under the age of eighteen years for consumption by that person on the premises of the licence holder shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a penalty not exceeding five pounds, and in the case of any subsequent offence to a penalty not exceeding ten pounds, and in any case the conviction shall be recorded on the licence of the person so convicted.

Sales to young persons for consumption off the premises.

11. —(1) Every holder of a licence of any description authorising the sale of intoxicating liquor by retail for consumption off the premises who knowingly sells or delivers or allows any person to sell or deliver (save as hereinafter mentioned) any description of intoxicating liquor to any person under the age of eighteen years for consumption off the premises of the licence holder shall be guilty of an offence under this section and be punishable accordingly.

(2) Every person who sends (except as hereinafter mentioned) any person under the age of eighteen years to any place where intoxicating liquors are sold, delivered, or distributed for the purpose of obtaining any description of intoxicating liquor, shall be guilty of an offence under this section and be punishable accordingly.

(3) Every person found guilty on summary conviction of an offence under this section shall be liable, in the case of a first offence, to a penalty not exceeding five pounds, and in the case of any subsequent offence, to a penalty not exceeding ten pounds, and in any case if he is a licence holder the conviction shall be recorded on his licence.

(4) This section shall not apply to—

(a) the delivery of intoxicating liquor at the residence or working place of the purchaser, or

(b) the employment by a licensed person of a member of his family or his servant or apprentice as a messenger to deliver intoxicating liquor in sealed or corked vessels, or

(c) the sale or delivery to a person over the age of fifteen years of intoxicating liquor delivered in a corked and sealed vessel containing not less than one reputed pint, or

(d) the sending of a person over the age of fifteen years to obtain intoxicating liquor, if such liquor is delivered to such person in a corked and sealed vessel containing not less than one reputed pint.

(5) In this section the word “corked” means closed with a plug or stopper, whether it is made of cork or wood or glass or some other material; the word “sealed” means secured with any substance without the destruction of which the cork, plug, or stopper cannot be withdrawn.

Employment of young persons.

12. —Any licence holder who employs or permits—

(a) any female person being his sister, step-sister, daughter, step-daughter, or sister-in-law residing with him and being under the age of sixteen years, or

(b) any other female person being under the age of eighteen years, or

(c) any male person under the age of sixteen years other than an apprentice under indenture of apprenticeship made before the 1st day of November, 1924,

to sell any description of intoxicating liquor for consumption on the premises of the licence holder shall be guilty of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a penalty not exceeding five pounds, and in the case of any subsequent offence, to a penalty not exceeding ten pounds, and in any case the conviction shall be recorded on the licence of the licence holder so convicted.

Consumption of liquor on premises licensed only for consumption off the premises.

13. —(1) If any purchaser of any intoxicating liquor from the holder of a licence to which this section applies drinks such liquor on the premises where the same was sold to him or on any highway, lane or byeway adjoining or near such premises, such licence holder shall, if it shall appear that such drinking was with his privity or consent, be guilty of an offence under this section, and upon summary conviction thereof shall be liable, in the case of a first offence, to a penalty not exceeding one hundred pounds, and in the case of any subsequent offence shall forfeit his licence.

(2) If any person in the employment of the holder of a licence to which this section applies permits or consents or is privy to any intoxicating liquor purchased from such licence holder being drunk on the premises where the same was sold or on any highway, lane or byeway adjoining or near such premises, such person shall be guilty of an offence under this section, and on summary conviction thereof shall be liable to a penalty not exceeding fifty pounds, or in default of payment of such penalty to imprisonment for a term not exceeding three months.

(3) Every person who drinks any intoxicating liquor purchased from the holder of a licence to which this section applies on the premises where the same was sold, or on any highway, lane or byeway adjoining or near such premises, shall be guilty of an offence under this section, and shall be liable on summary conviction thereof to a penalty not exceeding twenty pounds, or in default of payment of such penalty to imprisonment for a term not exceeding one month.

(4) If the holder of a licence to which this section applies himself takes or carries, or employs, or suffers any other person to take or carry any intoxicating liquor out of or from the premises of such licence holder for the purpose of being sold on his account or for his benefit or profit, and of being drunk or consumed in any other house, or in any tent, shed, or other building of any kind whatsoever belonging to such licence holder, or hired, used, or occupied by him or on or in any place, whether enclosed or not, and whether or not a public thoroughfare, such intoxicating liquor shall be deemed to have been drunk by the purchaser thereof on the premises of such licence holder with his privity and consent, and such licence holder shall be punishable under this section accordingly.

In any proceeding brought under or in reliance on this sub-section, it shall not be necessary to prove that the premises or place or places to which such liquor is taken to be drunk belonged to, or were hired, used, or occupied by the licence holder, if proof be given to the satisfaction of the court hearing the case that such liquor was taken to be consumed thereon or therein with intent to evade the conditions of the licence.

(5) In this section the expression “premises where the same was sold” shall include any premises adjoining or near the premises where the liquor was actually sold and belonging to the same licence holder or under his control or used by his permission.

(6) This section applies to licences of any description authorising the sale of intoxicating liquor by retail for consumption off the premises.

Duration, construction and citation of Licensing (Ireland) Act, 1902.

14. —(1) Notwithstanding anything to the contrary contained in the Expiring Laws Act, 1924, the Licensing (Ireland) Act, 1902, as amended by this section shall continue in force until the Oireachtas otherwise determines.

(2) In the construction of the Licensing (Ireland) Act, 1902, the expression “increase of population” shall, from and after the passing of this Act be taken to mean an increase of the population according to the last census of not less than twenty-five per cent, over the population according to the census taken in the year 1901.

(3) In this Act and every other Act of the Oireachtas, whether passed before or after this Act, the expression “The Licensing (Ireland) Acts, 1833 to 1905” shall include the Licensing (Ireland) Act, 1902.

Preservation of licences of destroyed premises.

15. —(1) This section applies to every licence of any description for the sale of intoxicating liquor by retail (whether for consumption on or off the premises) on premises—

(a) which are situate outside the City of Dublin, and

(b) which were destroyed or damaged during the period beginning on the 1st day of April, 1922, and ending on the 12th day of May, 1923, and

(c) the destruction or damage of which occurred during the course of and as an incident in the conflict between the armed forces of the Provisional Government of Ireland or of the Government of Saorstát Eireann and persons offering armed resistance to those forces, and

(d) in which the business of selling intoxicating liquor has been suspended on account of such destruction or damage.

(2) Every licence to which this section applies shall (for the purposes of renewal and of any certificates required for renewal but for no other purpose) be deemed to continue in force up to the time of the completion of the rebuilding or restoration of the licensed premises, and to be vested in the person legally entitled to the possession of such premises.

(3) Until the completion of the rebuilding or restoration of the licensed premises, it shall be competent for the person in whom a licence to which this section applies is vested to apply for any justice's certificate required for renewal, and for the court to consider such application, although the same may not be made to the annual licensing district court.

(4) Until the completion of the rebuilding or restoration of the licensed premises, any certificate as to the conduct of the business required for the purpose of renewal of a licence to which this section applies shall be a certificate in respect of the conduct of the business during the period between the date of the last renewal prior to the destruction or damage of the licensed premises and the date of such destruction or damage.

Certain convictions to be recorded on licence.

16. —Where the holder of a licence of any description authorising the sale of intoxicating liquor by retail (whether for consumption on or off the premises) is convicted of an offence against any of the enactments mentioned in the First Schedule to this Act or any enactment for the time being in force relating to the adulteration of drink, the conviction shall be recorded on the licence of the person so convicted.

Statutory provisions as to recording of convictions extended to recording under this Act.

17. —The provision of the Licensing (Ireland) Acts, 1833 to 1905, for the time being in force in relation to the recording of convictions on licences shall apply to the recording on licences of all convictions required by this Act to be recorded on the licence of the convicted person.

Forfeiture of licences on which three convictions are recorded.

18. —(1) Where the holder of a licence of any description for the sale of intoxicating liquor by retail (whether for consumption on or off the premises) on which two convictions are recorded is convicted of an offence the conviction for which is required by this or any other Act to be recorded, or is lawfully ordered by the court to be recorded, on the licence of the person convicted thereof, such licence shall thereupon be forfeited.

(2) Any person whose licence is forfeited under this section may within one month after such forfeiture apply in manner to be prescribed by rules of court, to the High Court for a remission of such forfeiture.

(3) If the High Court is satisfied, on the hearing of an application under the foregoing sub-section, that having regard to—

(a) the nature and circumstances of the offences the convictions for which are recorded on the applicant's licence, and

(b) the general character of the applicant and his fitness to hold a licence,

it is just that the forfeiture of the applicant's licence should be remitted, the court shall strike off the said licence the record of such one of the convictions recorded thereon as the court shall think fit.

(4) An order of the High Court under the foregoing sub-section striking off the record of a conviction on a licence shall operate to cancel the forfeiture of such licence under this section as from the date of the conviction the recording of which occasioned the forfeiture.