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16 1988

INTOXICATING LIQUOR ACT, 1988

PART VI

Miscellaneous

Provisions in relation to sale of intoxicating liquor in supermarkets, etc.

47. —(1) This section shall apply in relation to any premises in which intoxicating liquor is not sold for consumption on the premises, but in which intoxicating liquor is sold for consumption off the premises on foot of an off-licence or a wine on-licence and in which commodities other than intoxicating liquor are sold by retail.

(2) This section shall not apply in relation to any premises where the only business carried on is the sale of intoxicating liquor for consumption off the premises and the sale of commodities ancillary to such business, such as cigarettes, tobacco, cigars, matches, confectionery and beverages other than intoxicating liquor.

(3) In any premises to which this section applies, intoxicating liquor shall not be sold by self-service methods and shall not be sold otherwise than from an intoxicating liquor counter.

(4) If in any premises to which this section applies, there is a contravention of the provisions of this section, the holder of the licence in respect of the premises shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 and the offence shall be deemed for the purposes of Part III (which relates to the endorsement of licences) of the Act of 1927 to be an offence to which that Part of that Act applies.

(5) In this section—

self-service methods” means any method of sale allowing a customer to supply himself with the article sold on or before payment therefor;

intoxicating liquor counter” means a counter, or a separate portion of the licensed premises concerned, from or at which commodities other than intoxicating liquor are not sold or paid for.

(6) This section shall come into operation on such day as the Minister may appoint by order.

Amendment of section 12 of Act of 1927 (restaurant certificates).

48. —Section 12 of the Act of 1927 is hereby amended by the insertion after subsection (1A) (inserted by section 8 of the Intoxicating Liquor Act, 1943 ) of the following subsection:

“(1B) Where, following application pursuant to section 4 of the Courts (No. 2) Act, 1986 , to an officer of the Revenue Commissioners for the renewal of an on-licence without the production of a certificate of the District Court, the applicant applies to the Court to certify that the premises in respect of which the renewal of the on-licence is sought are a restaurant for the purposes of this Act, the provisions of subsection (1) of this section shall apply and have effect as if that application to the Court were an application, in accordance with that subsection, for a restaurant certificate.”.

Amendment of section 18 of the Act of 1962 (licences for greyhound tracks).

49. —Section 18 (2) of the Act of 1962 is hereby amended by the substitution in subparagraph (ii) for “at the time at which the last race of the meeting starts” of “thirty minutes after the time at which the last race of the meeting starts”.

“Licence” in section 4 of Courts (No. 2) Act, 1986.

50. Section 4 of the Courts (No. 2) Act, 1986 , is hereby amended by the insertion after “required” in the definition of “licence” of “and includes a licence granted under section 13 of the Refreshment Houses (Ireland) Act, 1860”.

Increase of fines.

51. —Each provision mentioned in column (2) of the Schedule to this Act of the enactment mentioned in column (1) of that Schedule opposite the mention of the provision in the said column (2) is hereby amended as specified in column (3) of that Schedule opposite the mention of the provision in the said column (2).