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7 1943

INTOXICATING LIQUOR ACT, 1943

PART II.

Amendments of the Intoxicating Liquor Act, 1927 .

Definition for the purposes of Part II.

2. —In this Part of this Act the expression “the Act of 1927” means the Intoxicating Liquor Act, 1927 (No. 15 of 1927).

Amendment of section 1 of the Act of 1927.

3. Section 1 of the Act of 1927 is hereby amended by the insertion in sub-section (1) after the word “licence” in each of the definitions of the expressions “licensed premises”, “on-licence”, and “off-licence” of the following: “(whether granted on production or without production of a certificate of the Circuit Court or the District Court)”.

Amendment of section 2 of the Act of 1927.

4. Section 2 of the Act of 1927 is hereby amended—

by the deletion of sub-sections (1), (2), and (3) thereof and the insertion therein of the following two sub-sections in lieu of the said sub-sections so deleted, and the said Act and in particular sub-sections (4) and (5) of the said section 2 shall be construed and have effect accordingly, that is to say:—

“(1) Save as is otherwise provided by this Act, it shall not be lawful for any person in any county borough 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—

(i) during a period of summer time, before the hour of half-past ten o'clock in the morning or after the hour of half-past ten o'clock in the evening, or (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

(ii) during any period which is not a period of summer time, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or (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 any Sunday—

(i) in the case of the county borough of Dublin or the Dublin Metropolitan Area, before the hour of half-past one o'clock in the afternoon, or between the hours of three o'clock and five o'clock in the afternoon or after the hour of seven o'clock in the evening, or

(ii) in the case of any other county borough, before the hour of one o'clock in the afternoon or between the hours of three o'clock and five o'clock in the afternoon, or after the hour of seven o'clock in the evening, or

(c) at any time on Christmas Day, Good Friday, or Saint Patrick's Day.

The exceptions referred to in the foregoing paragraph (a) of this sub-section are:—

(i) 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 such 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 such 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 such 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 such premises between the said hours on the said days, and

(ii) 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 such 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 such premises intoxicating liquor for sale on such orders.

(2) Save as is otherwise provided by this Act, it shall not be lawful for any person in any place not being a county borough to sell or expose for sale 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—

(i) during a period of summer time, before the hour of half-past ten o'clock in the morning or after the hour of half-past ten o'clock in the evening, or

(ii) during any period which is not a period of summer time, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or

(b) at any time on any Sunday or on Christmas Day, Good Friday, or Saint Patrick's Day.”

Amendment of section 3 of the Act of 1927.

5. Section 3 of the Act of 1927 is hereby amended—

(a) by the deletion from sub-section (1) thereof of all words after the words “save and except”, and the insertion in that sub-section of the following words in lieu of the said words so deleted, that is to say, “between the hours of nine o'clock and half-past ten o'clock in the morning on week days during a period of summer time and between the hours of nine o'clock and ten o'clock in the morning on week days during any period which is not a period of summer time”,

(b) by the insertion in sub-section (2) thereof, after the words “off-licence is attached”, of the words and brackets “(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)”,

(c) by the deletion from sub-section (2) thereof of all words after the words “save and except” and the insertion in that sub-section of the following words in lieu of the said words so deleted, that is to say, “between the hours of nine o'clock and half-past ten o'clock in the morning on week days during a period of summer time and between the hours of nine o'clock and ten o'clock in the morning on week days during any period which is not a period of summer time, and if such 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 during any period, whether it is or is not a period of summer time”.

Amendment of section 5 of the Act of 1927.

6. Section 5 of the Act of 1927 is hereby amended by the deletion in sub-section (1) of the words “and are situate in a county borough”.

Amendment of section 11 of the Act of 1927.

7. Section 11 of the Act of 1927 is hereby amended—

(a) by the deletion in sub-section (1) of the words “licensing area, be entitled to have the seven-day licence transferred at the annual licensing District Court” and the substitution in lieu thereof of the words “district or adjoining districts, be entitled, on application at any sitting of the justice of the District Court in whose district are situate the premises to which the six-day licence is attached, to have the seven-day licence transferred”,

(b) by the deletion in sub-section (2) of the words “licensing area, be entitled to have the ordinary seven-day licence transferred at the annual licensing District Court” and the substitution in lieu thereof of the words “district or adjoining districts, be entitled, on application at any sitting of the justice of the District Court in whose district are situate the premises to which the early-closing licence is attached, to have the ordinary seven-day licence transferred”,

(c) by the addition at the end of the section of a new sub-section as follows:—

“(3) In this section, the word ‘district’ means a district of the District Court prescribed under section 68 of the Courts of Justice Act, 1924 (No. 10 of 1924).”

Amendment of section 12 of the Act of 1927.

8. Section 12 of the Act of 1927 is hereby amended by the insertion before sub-section (2) of a new sub-section as follows:—

“(1A) A person who is the holder of a wine retailer's on-licence within the meaning of the Finance (1909-10) Act, 1910, may, at any sitting of the justice of the District Court, apply to the Court to certify that the premises to which such licence is attached are a restaurant for the purposes of this Act and the Court, if satisfied after hearing the officer in charge of the Gárda Síochána for the licensing area that such premises are 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, shall grant to such person a certificate (in this section also referred to s a restaurant certificate) certifying that such premises are a restaurant for the purposes of this Act.”

Amendment of section 13 of the Act of 1927.

9. Section 13 of the Act of 1927, sub-section (1), is hereby amended by the addition, after the words “St. Patrick's Day” of the words “nor on any Christmas Day”.

Amendment of section 14 of the Act of 1927.

10. —Paragraph (e) of section 14 of the Act of 1927 is hereby amended by the deletion of the words “Christmas Day” and “and St. Patrick's Day”.

Amendment of section 15 of the Act of 1927.

11. Section 15 of the Act of 1927 is hereby amended—

(a) by the insertion in paragraph (a) of sub-section (1) before the words “on any week day” of the words “after the hour of six o'clock in the morning”,

(b) by the insertion in sub-paragraph (i) of paragraph (b) before the words “on any week day” of the words “after the hour of six o'clock in the morning”,

(c) by the deletion of sub-section (2).

Amendment of section 16 of the Act of 1927.

12. Section 16 of the Act of 1927 is hereby amended—

(a) by the insertion in sub-section (1) after the words “(not being or forming part of a county borough)” of the words “or by any holder of an on-licence (not being a six-day licence) attached to premises in such licensing area”,

(b) by the deletion of the word “three” where that word occurs in the words “not exceeding in the whole three hours” and the substitution in lieu thereof of the word “four”,

(c) by the addition at the end of the section of the following sub-section, that is to say:—

“(4) An area exemption order shall not be granted on the application of the holder of an on-licence unless—

(a) the applicant has, not less than forty-eight hours before making the application, served upon the officer in charge of the Gárda Síochána for the licensing area a notice of his intention to make the application, setting out his name and address and the area, day, and period or periods for which the order is required, and

(b) the justice of the District Court has heard such officer in relation to the application.”

Amendment of section 24 of the Act of 1927.

13. Section 24 of the Act of 1927 is hereby amended by the deletion of the word “drink” and the substitution therefor of the words “intoxicating liquor”.

Amendment of section 25 of the Act of 1927.

14. —(1) Section 25 of the Act of 1927 is hereby amended by the insertion in sub-section (1) before the words “shall, if the person so convicted” of the words “if the Court in its discretion so thinks proper”.

(2) Every conviction which, immediately before the passing of this Act, stood recorded under section 25 of the Act of 1927 on a licence then in force, shall, upon the passing of this Act, cease for all purposes to be so recorded.

Amendment of section 26 of the Act of 1927.

15. —No order shall be made after the passing of this Act under section 26 of the Act of 1927.

Amendment of section 27 of the Act of 1927.

16. Section 27 of the Act of 1927 is hereby amended by the deletion of the words “if satisfied that by reason of extenuating circumstances (to be stated in the order of the Court) such conviction ought not to be recorded on such licence make”, and the substitution of the words “make, if in his discretion he so thinks proper”.

Amendment of sections 48 and 49 of the Act of 1927.

17. —(1) In this section the expression “1942 order” means a final apportionment order under section 48 of the Act of 1927 for the year 1942.

(2) Every 1942 order shall, as regards the compensation annuity to which such order relates, be deemed to be the final apportionment order under section 48 of the Act of 1927 for each of the years subsequent to the year 1942.

(3) For the purposes of the application of a 1942 order in relation to a year subsequent to 1942, the following provisions shall have effect, that is to say:—

(a) the 1942 order shall, as regards the year in question, be deemed to have become final under the Act of 1927 on the 15th day of September in the said year;

(b) where any licence, by reference to which an amount mentioned in the 1942 order is apportioned, has terminated on or after the 2nd day of July in the year preceding the said year and before the 1st day of July in the said year, the mention in the 1942 order of such amount and of the person on whom it is apportioned shall be deemed to be deleted;

(c) subject to the provisions of paragraph (b) of this sub-section, every mention in the 1942 order in relation to any particular premises, of a person not the holder, on the 1st day of July in the said year, of the licence in respect of those premises shall be construed as a mention of the person who, on the said 1st day of July, was the holder of such licence, and the latter person shall be regarded for the purposes of section 49 of the Act of 1927 as the person on whom the amount mentioned in the 1942 order in respect of those premises is apportioned for the said year;

(d) the Minister shall not, for the said year, carry out in relation to the compensation annuity to which the 1942 order relates the functions imposed on him by section 48 of the Act of 1927;

(e) no objection shall be capable of being made in the said year in relation to the 1942 order under sub-section (4) of section 48 of the Act of 1927.

(4) A final apportionment order made under section 48 of the Act of 1927 and apportioning a compensation annuity commencing in a year subsequent to the year 1942 may, with the consent of the Minister for Finance, contain a declaration that such order shall, as regards such annuity, be deemed to be the final apportionment order under section 48 of the Act of 1927 for each of the years subsequent to the year in which such order is made.

(5) Where an order contains a declaration under sub-section (4) of this section—

(a) such declaration shall have the force of law in accordance with its terms;

(b) the provisions contained in sub-section (3) of this section shall, in relation to years subsequent to that in which such order was made, have effect as if such order were a 1942 order.

(6) The Minister for Finance may, by requisition in writing communicated to the Minister before the 1st day of June in any year, require the Minister to make under section 48 of the Act of 1927 an apportionment order in respect of any compensation annuity payable in that year, and, upon any such requisition being so communicated to the Minister, the following provisions shall apply and have effect, that is to say:—

(a) the Minister shall make, under and in accordance with the said section 48, a draft apportionment order in respect of the said compensation annuity for the said year and shall so comply with the said section 48 that such draft apportionment order (with or without amendment) shall in due course become and be final by virtue of sub-section (6) of the said section;

(b) notwithstanding anything contained in the foregoing provisions of this section, the apportionment order so made shall, on becoming final as aforesaid, be the final apportionment order under the said section 48 in respect of the said compensation annuity for the said year and for every succeeding year, until another requisition is made under this section by the Minister for Finance in relation to the said compensation annuity;

(c) the provisions contained in sub-section (3) of this section shall, in relation to years subsequent to the said year (until another requisition is made as aforesaid), have effect as if the apportionment order so made were a 1942 order.

(7) In this section the expression “the Minister” means the Minister for Justice.

Amendment of section 62 of the Act of 1927.

18. Section 62 of the Act of 1927 is hereby amended by the deletion in sub-section (1) of the words “the annual licensing District Court next after the passing of this Act” and the substitution in lieu thereof of the words “any annual licensing District Court”.