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18 1960

INTOXICATING LIQUOR ACT, 1960

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 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, 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, unless his licence is a six-day licence, any Sunday, between the hours of two o'clock and three o'clock in the afternoon, or—

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

(ii) during any other month, between the hours of eight o'clock and ten o'clock in the evening,

or

(c) on Christmas Day, between the hours of one o'clock and three o'clock in the afternoon or the hours of seven o'clock and ten o'clock in the evening,

if, in each case, the intoxicating liquor is—

(I) ordered by that person at the same time as a substantial meal is ordered by him,

(II) consumed at the same time as and with the meal,

(III) supplied and consumed in the portion of the premises usually set apart for the supply of meals, and

(IV) paid for at the same time as the meal is paid for.”

Prohibited hours in club.

6. —(1) The following section is hereby substituted for section 56 of the Act of 1927:

“56.—(1) In order that a club may be eligible to be registered under the Registration of Clubs Acts, 1904 to 1960, the rules of the club shall (in addition to the matters mentioned in section 4 of the Registration of Clubs (Ireland) Act, 1904) provide that, subject to the exceptions specified in subsection (2) of this section, no excisable liquor shall be supplied for consumption on the club premises to any person (other than a member of the club lodging in the club premises) or be consumed on the club premises by any person (other than a member of the club lodging in the club 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 club is situate in a county borough, 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 on 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) Nothing contained in the Registration of Clubs Acts, 1904 to 1960, or contained by virtue only of the operation of subsection (1) of this section, in the rules of a club registered under those Acts shall operate to prohibit the supplying for consumption on the club premises of excisable liquor to any person or the consumption of excisable liquor on the club premises by any person—

(a) on any week-day—

(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 club is situate in a county borough, 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, between the hours of two o'clock and three o'clock in the afternoon, or—

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

(ii) during any other month, between the hours of eight o'clock and ten o'clock in the evening,

or

(c) on Christmas Day, between the hours of one o'clock and three o'clock in the afternoon or the hours of seven o'clock and ten o'clock in the evening,

if, in each case, the excisable liquor is—

(I) ordered by that person at the same time as a substantial meal is ordered by him,

(II) consumed at the same time as and with the meal,

(III) supplied and consumed in the portion of the club premises usually set apart for the supply of meals, and

(IV) paid for at the same time as the meal is paid for.

(3) The Dublin Metropolitan District shall be deemed to be a county borough for the purposes of this section.

(4) In this section ‘week day’ and ‘Sunday’ have the meanings assigned to them by section 1 of this Act.”

(2) (a) For the purposes of the Registration of Clubs Acts, 1904 to 1960, the rules of a club which at the date of the passing of this Act is registered under those Acts shall, during the transitional period, be deemed to be in conformity with the provisions of section 56, as amended by this section, of the Act of 1927.

(b) In this subsection “transitional period” means the period beginning on the date of the passing of this Act and ending, either, when the certificate of registration of the club which is in force two months after that date expires, or, if it should sooner happen, when the rules of the club are brought into conformity with the said section 56, as so amended.

Prohibited hours in licensed holiday camps.

7. —(1) Notwithstanding anything contained in section 53 of the Act of 1952—

(a) section 2 (which relates to prohibited hours) of the Act of 1927 shall, subject to subsection (2) of this section, apply in relation to premises licensed by virtue of Chapter III (which relates to the licensing of holiday camps) of Part VI of the Act of 1952, and

(b) section 13 (which relates to exemptions from prohibited hours for licensed hotels and restaurants), other than paragraph (IV) thereof, of the Act of 1927 shall apply in relation to premises licensed by virtue of the said Chapter III in like manner as it applies in relation to premises which are for the time being a hotel or restaurant.

(2) Nothing in section 2 of the Act of 1927 shall operate to prohibit the licensee of a premises licensed by virtue of the said Chapter III from—

(a) supplying intoxicating liquor to be consumed on the premises to a person who for the time being is bona fide lodging in the holiday camp which comprises or includes the said premises, or

(b) permitting intoxicating liquor to be consumed on the said premises by such a person—

(i) on Saint Patrick's Day or any Sunday (other than a Sunday which is Christmas Day)—

(I) during the months of June, July, August and September, between the hours of nine o'clock and half-past ten o'clock in the evening, or

(II) during any other month, between the hours of eight o'clock and, during a period of summertime, half-past ten o'clock in the evening, or, during a period which is not a period of summertime, ten o'clock in the evening,

or

(ii) on Christmas Day, between the hours of half-past seven o'clock and ten o'clock in the evening, or

(iii) on Good Friday, between the hours of six o'clock and nine o'clock in the evening, if, in this case, the intoxicating liquor is—

(I) ordered by such a person at the same time as a substantial meal is ordered by him, and

(II) consumed at the same time as and with the meal, and

(III) supplied and consumed in the portion of the said premises usually set apart for the supply of meals.

(3) In this section “the Act of 1952” means the Tourist Traffic Act, 1952.

Mixed trading.

8. —Section 3 (which relates to mixed trading) of the Act of 1927 is hereby amended by the substitution for subsections (1) and (2) of the following subsection:

“(1) Where—

(a) 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 (other than premises to which a wine retailer's off-licence within the meaning of the Finance (1909-10) Act, 1910, and no other off-licence is attached), and

(b) the portion of the premises in which the non-licensed business is carried on is not structurally separated from the remainder of the premises,

the opening or keeping open of the premises for the purpose of carrying on the non-licensed business shall for the purposes of this Act be deemed to be an opening or keeping open of the premises for the sale of intoxicating liquor save and except—

(i) in the case of premises to which an on-licence is attached, between the hours of nine o'clock and half-past ten o'clock in the morning on week-days, and

(ii) in the case of premises to which an off-licence is attached, between the hours of nine o'clock and half-past ten o'clock in the morning on week-days and, if the premises are situate in a county borough, between the hours of half-past two o'clock and half-past three o'clock in the afternoon on week-days.”

Limited restaurant certificate.

9. —The Act of 1927 is hereby amended by the insertion after section 12 of the following section:

“12A. (1) Where on application to a Justice of the District Court in relation to premises to which an on-licence is attached or on the occasion of an application for a new on-licence, the applicant requests the Court to certify that any portion of the premises to which the application relates is a restaurant for the purposes of section 13 of this Act, the Court, if satisfied, in relation to that portion of the premises, after hearing the officer in charge of the Garda Síochána for the licensing area that—

(a) it is structurally adapted for use and bona fide and mainly used as a restaurant, refreshment house or other place for supplying substantial meals to the public,

(b) it does not include a public bar or part of a room in another part of which there is a public bar, and

(c) there is public access to it otherwise than through a public bar,

shall grant to the applicant a certificate (in this section referred to as a limited restaurant certificate) certifying that that portion of the premises is a restaurant for the purposes of section 13 of this Act.

(2) The Court shall not entertain an application for a limited restaurant certificate unless and until satisfied that not less than ten days before the date on which the application is proposed to be made notice in writing of the intention to make the application was given to the officer in charge of the Garda Síochána for the licensing area.

(3) Every limited restaurant certificate shall unless sooner revoked under this section remain in force until the next annual licensing district court for the licensing area.

(4) A Justice of the District Court may, on the application of the officer in charge of the Garda Síochána for the licensing area, at any time revoke a limited restaurant certificate if he is satisfied, after hearing the officer and the holder of the certificate, that the portion of the premises to which the certificate relates has ceased to be structurally adapted for use or to be bona fide or mainly used as a restaurant, refreshment house or other place for the supplying of substantial meals to the public or that it includes a public bar or part of a room in another part of which there is a public bar or that there is no public access to it otherwise than through a public bar.

(5) Every holder of a limited restaurant certificate shall cause the certificate to be displayed prominently in the portion of the premises to which the certificate relates.

(6) Where, in relation to any portion of a licensed premises, a limited restaurant certificate is in force—

(a) the portion of the premises to which the certificate relates shall be deemed, for the purposes of section 13 of this Act, but not otherwise, to be premises which are for the time being a restaurant, and

(b) subsection (1) of section 17 of this Act shall be construed and have effect in relation to a person who is found on those premises at a time specified in the said section 13 at which the consumption of intoxicating liquor is permitted with a meal as if references therein (other than the reference in paragraph (b)) to a licensed premises were references to a public bar in licensed premises.

(7) In this section ‘public bar’ includes any place exclusively or mainly used for the sale and consumption of intoxicating liquor.”

Duration of general exemption orders.

10. —Section 4 (which relates to general exemption orders) of the Act of 1927 is hereby amended by the insertion after subsection (9) of the following subsection:

“(10) A general exemption order in respect of premises shall, unless withdrawn under subsection (6) of this section or expressed to expire sooner, remain in force until the annual licensing district court for the licensing area in which the premises are situate next following the granting of the order is held and shall then expire.”

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

11. —Section 5 (which relates to special exemption orders) of the Act of 1927 is hereby amended by the insertion after subsection (4) of the following subsection:

“(5) In this section ‘special occasion’ means the occasion of a special event in the premises in relation to which the special exemption order is sought.”

Offences in relation to prohibited hours.

12. —The Act of 1927 is hereby amended by the deletion of section 17 and the substitution therefor of the following section—

“17.—(1) Subject to subsections (2) and (4) of this section, a person who is found on any licensed premises during any time in which the sale of intoxicatingd liquor on such premises is prohibited by this Act shall, unless he is either—

(a) the holder of the licence or the owner of the premises, or

(b) resident permanently or temporarily on the premises, or

(c) a person to whom intoxicating liquor may lawfully be sold or supplied on the premises at that time, or

(d) carrying out construction, decorative, repair, replacement or maintenance work in relation to the premises or any of the fittings or equipment thereon,

(e) in the employment of the holder of the licence or of the owner of the premises and is on the premises in the ordinary course of such employment, or

(f) an officer of customs and excise in the course of his duty as an officer,

be guilty of an offence under this subsection and shall be liable on summary conviction thereof to a fine of not less than one pound and not more than five pounds.

(2) Where any business other than the sale of intoxicating liquor (in this subsection referred to as non-licensed business) is carried on in any licensed premises and the portion of the premises in which the non-licensed business is carried on is not structurally separated from the remainder of the premises, subsection (1) of this section shall not apply in relation to the premises during any time in which the premises are lawfully open for the carrying on of the non-licensed business.

(3) Subject to subsection (4) of this section, a person who consumes intoxicating liquor on any licensed premises during any time in which the sale of intoxicating liquor on such premises is prohibited by this Act shall, unless he is a person as respects whom the relevant requirements of this Act for the lawful sale or supply of intoxicating liquor on those premises at that time are satisfied, be guilty of an offence under this subsection and shall be liable on summary conviction to a fine of not less than one pound and not more than five pounds.

(4) A person shall not be convicted of an offence under both subsection (1) and subsection (3) of this section in respect of the same occasion.”