Intoxicating Liquor Act, 1927

Intoxicating Liquor Act, 1927 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1927 Intoxicating Liquor Act, 1927 Intoxicating Liquor Act, 1927 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 15 of 1927. INTOXICATING LIQUOR ACT, 1927. ARRANGEMENT OF SECTIONS PART I. Preliminary. Section 1. Definitions and application. PART II. Prohibited Hours. 2. Prohibited hours generally. 3. Mixed trading. 4. General exemption orders. 5. Special exemption orders. 6. Occasional licences. 7. Production of exemption orders, etc. 8. Six-day licences. 9. Early closing licences. 10. Remission of duty in certain cases. 11. Transfer of seven-day licence to six-day licensed premises. 12. Restaurant certificate. 13. Certain exemptions for hotels and restaurants. 14. Other exemptions from prohibited hours. 15. Bona fide travellers. 16. Area exemption orders. 17. Persons on licensed premises during prohibited hours. 18. False pretence of being a lodger. 19. Closing by order of Justice. 20. Admission to theatres. 21. Sale of intoxicating liquor in theatres. 22. Powers of Gárda Síochána. 23. Exceptions from this Part of this Act. PART III. Endorsement of Licences. 24. Interpretation. 25. Recording of convictions on licences. 26. Special order against recording. 27. Removal of record of conviction by the Circuit Court. 28. Forfeiture of licences. 29. Two or more offences on the same day. 30. Relief to bona fide purchasers. 31. Omission to record conviction on licence. 32. General provisions in relation to recording of convictions. 33. Admission of registers and endorsements as evidence. 34. Penalty for defacing record of conviction on licence. 35. Application of the Probation of Offenders Act, 1907. PART IV. Reduction of Licences. 36. Interpretation. 37. Compensation Authorities. 38. Compensation funds. 39. Ground for abolition of licences. 40. Reference orders. 41. Abolition orders. 42. Compensation on abolition of licence. 43. Allocation of compensation. 44. Payment of compensation. 45. Investment of compensation money. 46. Gratuities to certain employees of holders of abolished licences. 47. Compensation annuities. 48. Apportionment of compensation annuities. 49. Recovery of compensation annuities. 50. Appeals and costs. 51. Surrender of leases. 52. Application of Increase of Rent and Mortgage Interest (Restrictions) Act, 1923. 53. Rules in relation to compensation authorities. 54. Expenses. PART V. Clubs. 55. Interpretation. 56. Prohibited hours in clubs. 57. Alternative prohibited hours in sports clubs. 58. Breach of club rules relating to prohibited hours. 59. Objections to grant of certificate. PART VI. Miscellaneous and General. 60. Continuance of licence pending appeal to Circuit Court. 61. Wine retailer's off-licence. 62. Grant of new off-licence in lieu of an on-licence. 63. Repeals. 64. Short title, construction and citation. FIRST SCHEDULE. SECOND SCHEDULE. Acts Referred to Summer Time Act, 1925 No. 8 of 1925 Increase of Rent and Mortgage Interest (Restrictions) Act, 1923 No. 19 of 1923 Intoxicating Liquor (General) Act, 1924 No. 62 of 1924 Number 15 of 1927. INTOXICATING LIQUOR ACT, 1927. AN ACT TO AMEND AND IN PART CONSOLIDATE THE LAW RELATING TO THE SALE OF INTOXICATING LIQUOR, TO ENABLE THE NUMBER OF LICENCES FOR THE SALE OF INTOXICATING LIQUOR TO BE REDUCED BY THE ABOLITION FROM TIME TO TIME OF CERTAIN SUCH LICENCES, AND TO AMEND THE LAW RELATING TO THE REGISTRATION OF CLUBS. [20th May, 1927.] BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:— PART I. Preliminary. Definitions and application. 1.—(1) In this Act (except in Part V thereof)—the expression “week day” means any day which is not a Sunday and is not Good Friday, Christmas Day, or Saint Patrick's Day; the expression “ordinary week day” means any week day which is not a Saturday; the word “Saturday” does not include a Saturday which is Christmas Day or St. Patrick's Day; the expression “Saint Patrick's Day” does not include a Saint Patrick's Day which falls on a Sunday; the word “Sunday” does not include a Sunday which is Christmas Day; the expression “period of summer time” means a period appointed by or under the Summer Time Act, 1925 (No. 8 of 1925) to be a period of summer time; the word “town” means and includes any town having Commissioners under the Towns Improvement (Ireland) Act, 1854 ; the word “hotel” means licensed premises structurally adapted for use and bona fide used as a hotel or a hotel and restaurant and having not less than ten apartments set apart and exclusively used for the sleeping accommodation of travellers; the word “restaurant” means licensed premises certified under this Act to be a restaurant for the purposes of this Act; the word “theatre” means a theatre or place of public entertainment licensed for the sale of intoxicating liquor under section 7 of the Excise Act, 1835 ; the expression “theatre licence” means a licence for the sale of intoxicating liquor granted under section 7 of the Excise Act, 1835 in respect of a theatre; the expression “licensing area” means a district court area prescribed by law for the purposes of the transaction of licensing business, and when used in relation to licensed premises means the district court area as so prescribed in which the licensed premises are situate; the expression “Justice of the District Court” when used in relation to licensed premises means the Justice of the District Court for the time being exercising jurisdiction in the licensing area in which the licensed premises are situate; the expression “annual licensing district court” means the sitting of the District Court held pursuant to rules of court in a licensing area for the hearing of applications for certificates for renewals of licences for the sale of intoxicating liquor; the expression “licensed premises” means (except in Part IV of this Act) premises in respect of which a licence for the sale by retaile of intoxicating liquor has been granted and is in force; the expression “on-licence” means a licence for the sale of intoxicating liquor for consumption either on or off the premises; the expression “off-licence” means a licence for the sale of intoxicating liquor for consumption off the premises; and the expression “the Minister” means the Minister for Justice. (2) For the purposes of the application of this Act (except Part V thereof) to the Dublin Metropolitan area, that area shall be deemed to be a county borough, and accordingly the provisions of this Act in relation to county boroughs shall apply to the whole of the Dublin Metropolitan area, and the provisions of this Act in relation to urban county districts shall not apply to any part of the said area. PART II. Prohibited Hours. Prohibited hours generally. 2.—(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 ordinary week day, 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 Saturday, before the hour of ten o'clock in the morning or after the hour of half-past nine 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 (c) on any Sunday before the hour of two o'clock in the afternoon or after the hour of five o'clock in the afternoon, or (d) at any time on Christmas Day, Good Friday, or Saint Patrick's Day. The exceptions referred to in paragraphs (a) and (b) 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 urban county district or town the population of which district or town according to the census which is for the time being the last census exceeds five thousand 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 ordinary week day, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or (b) on any Saturday, before the hour of ten o'clock in the morning or after the hour of half past nine o'clock in the evening, or (c) at any time on any Sunday or on Christmas Day, Good Friday, or Saint Patrick's Day. (3) Save as is otherwise provided by this Act, it shall not be lawful for any person in any place not being a county borough or such urban county district or town as is mentioned in the foregoing sub-section 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 ordinary week day— (i) during 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 (ii) during any time which is not a period of summer time, before the hour of nine o'clock in the morning or after the hour of nine o'clock in the evening, or (b) on any Saturday— (i) during a period of summer time before the hour of ten o'clock in the morning or after the hour of half past nine o'clock in the evening, or (ii) during any time which is not a period of summer time, before the hour of nine o'clock in the morning or after the hour of nine o'clock in the evening, or (c) at any time on any Sunday or on Christmas Day, Good Friday, or Saint Patrick's Day. (4) Every person who shall sell or expose for sale any intoxicating liquor or open or keep open any premises for the sale of intoxicating liquor or permit any intoxicating liquor to be consumed on licensed premises 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 fine not exceeding twenty pounds or, in the case of a second or any subsequent offence, to a fine not exceeding forty pounds. (5) Every reference in this Act to the provisions of this Act relating to prohibited hours shall be construed and have effect as a reference to the provisions of this section, and all references in this Act to prohibited hours or to times or hours in which the sale of intoxicating liquor is prohibited by this Act shall be construed as references to the hours during which the sale of intoxicating liquor is prohibited by this section. Mixed trading. 3.—(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 is attached and the portion of such premises in which such non-licensed business is carried on is not structurally separated from the remainder of such premises, the opening or keeping open of such premises for the purpose of carrying on such non-licensed business shall for the purposes of this Act be deemed to be an opening or keeping open of such premises for the sale of intoxicating-liquor, save and except between the hours of nine o'clock and ten o'clock in the morning on week days. (2) Where any non-licensed business is carried on in any premises to which an off-licence is attached and the portion of such premises in which such non-licensed business is carried on is not structurally separated from the remainder of such premises, the opening or keeping open of such premises for the purpose of carrying on such non-licensed business shall for the purposes of this Act be deemed to be an opening or keeping open of such premises for the sale of intoxicating liquor save and except in a county borough on week days between the hours of nine o'clock and ten o'clock in the morning and between the hours of half-past two o'clock and half-past three o'clock in the afternoon. (3) This section shall not apply to any hotel, restaurant, theatre, or railway refreshment room or to any premises which are structurally adapted for holding dramatic performances, concerts, lectures, dances, cinematograph exhibitions, or other public entertainments and are bona fide used for the purpose of holding all or any such entertainments and for no other purpose except a restaurant. General exemption orders. 4.—(1) The Justice of the District Court upon its being proved to his satisfaction that it is necessary or desirable so to do for the accommodation of any considerable number of persons attending any public market or fair or following any lawful trade or calling, may after hearing the officer in charge of the Gárda Síochána for the licensing area grant (if he so thinks fit) to any holder of an on-licence in respect of premises situate in the vicinity of such market or fair, or of the place where such persons follow such lawful trade or calling, an order (in this Act referred to as a general exemption order) exempting such holder from the provisions of this Act relating to prohibited hours in respect of the said premises on such days and during such times (except between the hours of one and two o'clock in the morning) and upon such terms as may be specified in such order. (2) Every general exemption order shall contain as one of the terms thereof a condition that the holder thereof shall during every period of exemption supply on the premises to which the order relates food and non-alcholic drink at reasonable prices to any person demanding the same. (3) The holder of a general exemption order shall, if and so long as he complies with the terms of such order, be exempt during every period of exemption from any penalty for contravention in respect of the premises to which the order relates of the provisions of this Act relating to prohibited hours but not from any other penalty under this or any other Act. (4) The holder of a general exemption order shall during every period of exemption keep affixed in a conspicuous place on the outside of the premises to which such order relates a notice, in such form as shall be approved by the Justice of the District Court, stating the several periods of exemption specified in such order, and every holder of a general exemption order who fails to comply with the provisions of this sub-section shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a penalty not exceeding five pounds. (5) Every person who affixes or keeps affixed to his premises any notice falsely representing that he is the holder of a general exemption order or falsely stating the periods of exemption under a general exemption order of which he is the holder shall be guilty of an offence under this sub-section and shall be liable on summary conviction thereof to a penalty not exceeding ten pounds. (6) The Justice of the District Court may at any time (if it seems fit to him) withdraw any general exemption order or alter the same by way of extension or otherwise as he shall deem necessary or expedient, but not so as to render any person liable to any penalty for anything done under such order before the holder thereof was informed of such withdrawal or alteration. (7) No general exemption order shall be granted for any time on any Sunday or Saint Patrick's Day, Christmas Day or Good Friday. (8) A general exemption order shall not be granted unless the applicant therefor has, not less than one week before making the application, served upon the officer in charge of the Gárda Síochána for the licensing area a notice of his intention to apply for the order setting out his name and address and the place, occasion and time for which the order is sought. (9) In this section the word “holder” when used in relation to a general exemption order means the person to whom such order was granted under this section, and the expression “period of exemption” means a time during which the holder of a general exemption order is thereby exempted from the provisions of this Act relating to prohibited hours. Special exemption orders. 5.—(1) If the holder of an on-licence for premises which are an hotel or a restaurant and are situate in a county borough applies to the Justice of the District Court for an order (in this Act referred to as a special exemption order) exempting him on any special occasion from the provisions of this Act relating to prohibited hours in respect of the said premises, such Justice may, if he thinks fit so to do after hearing the officer in charge of the Gárda Síochána for the licensing area, grant to the applicant upon such conditions as he thinks proper an order so exempting him during the hours and on the special occasion to be specified in such order. (2) Any person to whom a special exemption order has been granted shall, if and so long as he complies with the conditions upon which the same has been granted, be exempt during the time to which such order applies from any penalty for contravention of the provisions of this Act relating to prohibited hours in respect of the premises to which the order relates but not from any other penalty under this or any other Act. (3) No special exemption order shall be granted for any time on a Sunday. (4) A special exemption order shall not be granted unless the applicant therefor 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 apply for the order, setting out his name and address and the place, occasion, and time for which the order is sought. Occasional licences. 6.—(1) In this section the expression “occasional licence” means an occasional licence granted under section 13 of the Revenue Act, 1862 and the several enactments amending that enactment, and the expression “licensing area” means the licensing area in which the place for which the occasional licence is desired is situate. (2) The consent required by the said enactments for the granting of an occasional licence shall not be necessary but in lieu thereof no occasional licence shall be granted without the previous consent of the Justice of the District Court and such consent shall only be given by such Justice in open court and after hearing the officer in charge of the Gárda Síochána for the licensing area. (3) The consent of the Justice of the District Court mentioned in the foregoing sub-section shall not be given unless the applicant therefor 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 in writing of his intention to apply for such consent, setting out his name and address, and the place, occasion, and time for which the occasional licence the subject of such consent is desired. (4) An occasional licence shall operate to exempt the person to whom the licence is granted (if and so long as he complies with the conditions on which the same is granted) from the provisions of this Act relating to prohibited hours at the place and during the time for which the licence is granted. (5) The provisions of this or any other Act requiring an offence to be endorsed on a licence shall not apply to an offence committed in respect of an occasional licence. Production of exemption orders, etc. 7.—(1) Section 64 of the Licensing Act, 1872 (which relates to the production of licences and penalties for non-production) shall apply to all general exemption orders, special exemption orders, and occasional licences. (2) Section 33 of the Licensing Act (Ireland) 1874 (which relates to the production of licences and to penalties for non-production) shall apply to all general exemption orders, special exemption orders, and occasional licences. Six-day licences. 8.—(1) In this Act the expression “Sunday-closing condition” means such condition as is mentioned in sub-section (2) of this section and the expression “six-day licence” means an on-licence containing a Sunday-closing condition whether such licence was granted before or after the passing of this Act and whether such condition was inserted in such licence under this Act or under an enactment repealed by this Act. (2) Where on the occasion of an application for a certificate for a new on-licence or a certificate for a transfer or renewal of an on-licence, the applicant, at the time of his application, applies to the Court to insert in his certificate a condition that he shall keep the premises in respect of which such licence is or is to be granted closed during the whole of Sunday, the Court shall cause the said condition to be inserted in such certificate and whenever such condition is so inserted in such certificate such condition shall also be inserted in the licence granted, transferred, or renewed in pursuance of such certificate. (3) There shall be inserted in every certificate for the transfer or renewal of a six-day licence and in every licence granted in pursuance of such certificate the like Sunday-closing condition as is contained in the licence so transferred or renewed. (4) The holder of a six-day licence shall keep the premises to which such licence relates closed during the whole of Sunday, and if such premises are situate in a county borough, the provisions of this Act relating to prohibited hours shall, in so far as such provisions relate to Sundays apply to such premises as if the same were not situate in a county borough. (5) The notice which a licensed person is required by section 11 of the Licensing Act, 1872 , to keep painted or affixed on his premises shall, in the case of a six-day licence, contain such words as the Court may order for giving notice to the public that a six-day licence has been granted in respect of the premises. Early closing licences. 9.—(1) In this Act the expression “early closing condition” means such condition as is mentioned in sub-section (2) of this section and the expression “early closing licence” means an on-licence containing an early closing condition, whether such licence was granted before or after the passing of this Act and whether such condition was inserted in such licence under this Act or under an enactment repealed by this Act. (2) Where, on the occasion of any application for a certificate for a new on-licence, or a certificate for the transfer or renewal of an on-licence, the applicant applies to the Court to insert in his certificate a condition that he shall close the premises in respect of which such licence is or is to be granted one hour earlier at night than that at which such premises would otherwise have to be closed, the Court shall cause the said condition to be inserted in such certificate, and, whenever such condition is so inserted in such certificate, such condition shall also be inserted in the licence granted, transferred, or renewed in pursuance of such certificate. (3) There shall be inserted in every certificate for the transfer or renewal of an early closing licence and in every licence granted in pursuance of such certificate the like early closing condition as is contained in the licence so transferred or renewed. (4) The holder of an early-closing licence shall close the premises to which such licence relates one hour earlier in the evening than the ordinary hour at which such premises would be closed under the provisions of this Act relating to prohibited hours and the said provisions shall apply to such premises as if the several latest hours after which the sale or exposing for sale of intoxicating liquor is thereby prohibited were respectively one hour earlier than the hour stated in such provisions. (5) The notice which a licensed person is required by section 11 of the Licensing Act, 1872 , to keep painted or affixed on his premises shall, in the case of an early-closing licence, contain such words as the Court may order for giving notice to the public that an early-closing licence has been granted in respect of the premises. Remission of duty in certain cases. 10.—A person who takes out a licence containing a condition rendering such licence a six-day licence or a condition rendering such licence an early closing licence shall be entitled to a remission of one-seventh of the duty which would otherwise be payable by him for a similar licence not containing such condition, and a person who takes out a licence containing conditions rendering such licence a six-day licence and also an early closing licence shall be entitled to a remission of two-sevenths of the duty which would otherwise be payable by him for a similar licence not containing such conditions. Transfer of seven-day licence to six-day licensed premises. 11.—(1) A person who is at the one time the holder of a six-day licence and the holder of an on-licence which is not a six-day licence (in this section called a seven-day licence) shall, if the premises to which the said licences are respectively attached are situate in the same licensing area, be entitled to have the seven day licence transferred at the annual licensing district court to the premises to which the six-day licence is attached but subject to the condition that on such transfer being made the six-day licence shall not be renewed and that the premises to which the seven-day licence was attached before such transfer shall for the purposes of the Licensing (Ireland) Act, 1902 , be deemed never to have been licensed. (2) A person who is at the one time the holder of an early-closing licence and the holder of an on-licence which is neither a six-day licence nor an early-closing licence (in this sub-section called an ordinary seven-day licence) shall, if the premises to which the said licences are respectively attached are situate in the same licensing area, be entitled to have the ordinary seven-day licence transferred at the annual licensing district court to the premises to which the early-closing licence is attached, but subject to the condition that on such transfer being made the early-closing licence shall not be renewed and that the premises to which the ordinary seven-day licence was attached before such transfer shall for the purposes of the Licensing (Ireland) Act, 1902 , be deemed never to have been licensed. Restaurant certificate. 12.—(1) Where on the occasion of any application for a certificate for a new on-licence or a certificate for the transfer or renewal of an on-licence, the applicant requests the Court to certify that the premises in respect of which the certificate is sought are a restaurant for the purposes of this Act, 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 applicant a certificate (in this section referred to as a restaurant certificate) certifying that such premises are a restaurant for the purposes of this Act. (2) The Court shall not entertain an application for a 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 Gárda Síochána for the licensing area. (3) Every 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 Gárda Síochána for the licensing area, at any time revoke a restaurant certificate if he is satisfied, after hearing such officer and the holder of such certificate, that the premises to which such certificate relates have ceased to be structurally adapted for the 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. (5) Every holder of a restaurant certificate shall cause such certificate to be displayed prominently in the premises to which such certificate relates. Certain exemptions for hotels and restaurants. 13.—(1) 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 supplying intoxicating liquor to any person on such premises on any Saint Patrick's Day nor (unless his licence is a six-day licence) on any Sunday between the hours of one o'clock and three o'clock in the afternoon or the hours of six o'clock and nine o'clock in the evening, provided such intoxicating liquor is— (a) ordered by such person at the same time as a substantial meal is ordered by such person, and (b) is consumed at the same time as and with such meal, and (c) is supplied and consumed in the portion of such premises usually set apart for the supply of meals, and (d) is paid for at the same time as such meal is paid for. (2) Nothing in this Act shall operate to prohibit the holder of an on-licence in respect of premises situate in a county borough which are for the time being a hotel or restaurant permitting intoxicating liquor to be consumed on such premises on any week-day between the hours of half-past two o'clock and half-past three o'clock in the afternoon, provided such intoxicating liquor is— (a) supplied to such person before the hour of half-past two o'clock in the afternoon, and (b) is consumed at the same time as and with a substantial meal begun before the said hour of half-past two o'clock, and (c) is supplied and consumed in the portion of such premises usually set apart for the supply of meals. Other exemptions from prohibited hours. 14.—Nothing in this Act shall be deemed to prohibit or restrict— (a) the sale at any time at a railway station of intoxicating liquor on arrival or departure of trains to passengers who have travelled or hold tickets entitling them to travel on those trains for a distance of not less than ten miles to or from such railway station, or (b) the supplying at any time of intoxicating liquor on licensed premises to any private friends of the holder of the licence bona fide entertained by him at his own expense in any part of such licensed premises other than the part in which the sale of intoxicating liquor generally takes place, or (c) the sale of intoxicating liquor in passenger vessels in pursuance of the Acts in that behalf, or (d) the sale of intoxicating liquor for consumption on a railway restaurant car in pursuance of the Acts in that behalf, or (e) the sale of intoxicating liquor by the holder of an on-licence at any hour on licensed premises to a person then lodging in such premises, save that on Christmas Day, Good Friday, and Saint Patrick's Day no in-toxicating liquor may be so sold to any such person except at and for consumption with a meal consumed by such person in such premises. Bona fide travellers. 15.—(1) Nothing in this Act shall operate to prohibit— (a) the holder of an on-licence in respect of premises situate in a county borough from selling intoxicating liquor for consumption on such licensed premises to bona fide travellers at any time on any week day or (b) the holder of an on-licence in respect of premises not situate in a county borough from selling intoxicating liquor for consumption on such licensed premises to bona fide travellers— (i) at any time on any week-day, or (ii) if his licence is not a six-day licence, on any Sunday during a period of summer time between the hours of one o'clock and eight o'clock in the afternoon or on any other Sunday between the hours of one o'clock and seven o'clock in the afternoon. (2) The Justice of the District Court may in his discretion, on the application of the holder of an on-licence in respect of premises situate in the licensing area and after hearing the principal officer of the Gárda Síochána in the licensing area, substitute the hours of two o'clock and nine o'clock in the afternoon for the hours of one o'clock and eight o'clock mentioned in the foregoing sub-section in relation to Sundays during a period of summer time, and whenever such order is so made the foregoing sub-section shall, during the residue of the period of summer time current at the date of the order or, where such order is not made during a period of summer time, during the period of summer time commencing next after the date of the order, have effect as if the hours mentioned therein in relation to Sundays during a period of summer time were two o'clock and nine o'clock in the afternoon. (3) Every person who by falsely representing himself to be a bona fide traveller buys or obtains or who attempts by such false representation to buy or obtain on any licensed premises any intoxicating liquor during a period in which the sale of intoxicating liquor on such premises is prohibited by this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. (4) It shall be a good defence to any charge of selling intoxicating liquor in contravention of the provisions of this Act relating to prohibited hours for the person so charged to prove to the satisfaction of the Court that such intoxicating liquor was sold for consumption on the premises in which the sale took place and was so sold on premises and at a time on and at which such sale of intoxicating liquor to bona fide travellers is not unlawful under this Act and that the person to whom such intoxicating liquor was so sold represented himself at the time of such sale to be a bona fide traveller and that the person so charged had no reasonable ground for disbelieving such representation. (5) For the purposes of this section a person shall not be a bona fide traveller unless either the place where he lodged during the previous night is situate in a county borough and is at least five miles (measured by the shortest public thoroughfare) distant from the place where he demands to be supplied with intoxicating liquor, or the place where he lodged during the previous night is situate elsewhere than in a county borough and is at least three miles (similarly measured) distant from the place where he demands to be supplied with intoxicating liquor. Area exemption orders. 16.—(1) The Justice of the District Court upon its being represented to him by the officer in charge of the Gárda Síochána for a licensing area (not being or forming part of a county borough) that, by reason of the expected incursion on any Sunday of a large number of persons into such licensing area for a special occasion, the observance on that day by the holders of on-licences attached to premises in such licensing area or any particular part thereof of the provisions of this Act relating to prohibited hours and the enforcement of such provisions on that day by the Gárda Síochána will be attended with unreasonable difficulty may, if he so thinks fit, grant in respect of such licensing area or any particular part thereof (in this section referred to as the exempted area) an order (in this Act referred to as an area exemption order) exempting all holders of on-licences attached to premises in the exempted area on such Sunday from the provisions of this Act relating to prohibited hours in respect of such premises during such period or periods (not exceeding in the whole three hours) as may be specified in such order. (2) Whenever an area exemption order is granted the holder of an on-licence attached to premises in the exempted area to which such order relates shall if he takes advantage of such order during the period or periods on the Sunday named therein supply on his premises food and non-alcoholic drink at reasonable prices to any person demanding the same. (3) Whenever an area exemption order is granted the holder of an on-licence attached to premises in the exempted area to which such order relates shall if and so long as he complies with the provisions of the foregoing sub-section be exempted during the period and on the Sunday named in such order from any penalty for contravention in respect of such premises of the provisions of this Act relating to prohibited hours, but not from any other penalty under this or any other Act. Persons on licensed premises during prohibited hours. 17.—(1) Subject to the exception hereinafter mentioned, every person who is found 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 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) 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 (e) an officer of customs and excise in the course of his duty as an officer, be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. (2) Where any business other than the sale of intoxicating liquor (in this sub-section referred to as non-licensed business) is carried on in any licensed premises and the portion of such premises in which such non-licensed business is carried on is not structurally separated from the remainder of such premises, this section shall not apply to such premises during any time in which such premises are lawfully open for the carrying on of such non-licensed business. False pretence of being a lodger. 18.—Every person who by falsely representing himself to be lodging in any licensed premises buys or obtains or who attempts by such false representation to buy or obtain on such licensed premises any intoxicating liquor during a period in which the sale of intoxicating liquor on such premises is prohibited by this Act shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. Closing by order of Justice. 19.—(1) Whenever the Justice of the District Court is satisfied on the written application of a Superintendent or Inspector of the Gárda Síochána that in the interests of public peace and order it is expedient that the sale of intoxicating liquor should immediately cease in any town or village in the licensing area, such Justice may order the immediate closing for the remainder of that day, or for such shorter period as he may deem adequate, of all premises licensed for the sale of intoxicating liquor in such town or village. (2) Whenever an order is made under this section, every holder of a licence in the town or village to which such order relates shall, upon the same being communicated verbally to him by a member of the Gárda Síochána, immediately close his licensed premises and keep the same closed during the time mentioned in such order, and any person who fails or refuses to comply with the terms of any such order shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding ten pounds. (3) Whenever an order is made under this section and any holder of a licence fails or refuses to comply with such order, any member of the Gárda Síochána may use such force as may be necessary for ensuring compliance with such order. Admission to theatres. 20.—(1) No person shall be admitted to any theatre after the hour of half past nine in the evening unless either— (a) he has previously engaged or paid for a seat in that theatre for the performance or entertainment then in progress or about to commence, or (b) he is employed in that theatre or has business with a person so employed. (2) If any person is admitted to any theatre in contravention of this section, the holder of the theatre licence in respect of that theatre shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. Sale of intoxicating liquor in theatres. 21.—(1) The provisions of this Act in relation to prohibited hours shall not apply to a theatre. (2) In this section the expression “permitted time” means a period beginning half an hour before the commencement of a performance in the theatre in respect of which the expression is used and ending half an hour after the termination of such performance. (3) It shall not be lawful to sell or expose for sale by retail any intoxicating liquor in any theatre— (a) at any time other than during a permitted time, or (b) to any person other than persons who either— (i) are then employed in the theatre, or (ii) have engaged or paid for seats in the theatre for the performance taking or which took place during the permitted time or either of the permitted times then current, or (c) in any part of the theatre which is then accessible to persons other than those persons to whom intoxicating liquor may then be sold in such theatre. (4) Every person who sells or exposes for sale by retail any intoxicating liquor in a theatre in contravention of this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds or, in the case of a second or any subsequent offence, at the discretion of the Court to imprisonment for any term not exceeding six months and also in the case of such second or subsequent offence, in the discretion of the Court to forfeiture of the theatre licence. Powers of Gárda Síochána. 22.—(1) Any member of the Gárda Síochána may demand of any person found on any licensed premises during any time in which the sale of intoxicating liquor on such premises is prohibited by this Act the name and address of such person and, if he has ground to suppose that a name or address given by such person in response to such demand is false or misleading, may demand of such person corroborative evidence of such name or address, and if any such person fails or refuses to give on such demand his name and address or either of them or such corroborative evidence or gives a name or an address or corroborative evidence which is false or misleading such person shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds. (2) Any member of the Gárda Síochána may arrest without warrant any person who, on his name and address or such corroborative evidence as aforesaid being lawfully demanded of him under this section, fails or refuses to give such name and address or either of them or such evidence. (3) In the Licensing Act, 1872 , and in the Licensing Act (Ireland), 1874 , the word “constable” shall include any member of the Gárda Síochána and the said Acts shall be construed and have effect accordingly. (4) In section 23 of the Licensing Act (Ireland) 1874 , the expression “provisions of the principal Act or this Act” shall include the provisions of this present Act, and the said section shall be construed and have effect accordingly. Exceptions from this Part of this Act. 23.—This Part of this Act shall not apply to— (a) any club for the time being registered under the Registration of Clubs (Ireland) Act, 1904 , or (b) any canteen held under the authority of the Minister for Defence, or (c) the sale of intoxicating liquor by wholesale in any premises which are not licensed premises, or (d) the sale of medicated or methylated spirits or spirits made up in medicine and sold by registered medical practitioners or chemists and druggists, pharmaceutical chemists or registered druggists. PART III. Endorsement of Licences. Interpretation. 24.—In this Part of this Act the expression “offence to which this Part of this Act applies” means and includes any 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 or any offence under the provisions of this Act relating to prohibited hours. Recording of convictions on licences. 25.—(1) Whenever the holder of any licence for the sale of intoxicating liquor by retail is convicted of an offence to which this Part of this Act applies the conviction shall, if the person so convicted is the holder of one such licence only, be recorded on such licence or, if such person is the holder of two or more such licences in respect of the same premises, be recorded on all such licences or, if such person is the holder of two or more such licences which do not all relate to the same premises, be recorded on such one or more of those licences as relate to the premises in respect of which the offence was committed. (2) Whenever a conviction of the holder of a licence is under this section recorded on such licence such conviction shall, in the case of the first conviction so recorded on such licence after the passing of this Act, continue so recorded for the period of five years from the date of the conviction and, in the case of the second conviction so recorded on such licence after the passing of this Act, continue so recorded for the period of seven years from the date of the conviction and, in the case of the third conviction and of every subsequent conviction so recorded on such licence after the passing of this Act, continue so recorded for the period of ten years from the date of the conviction. (3) Every conviction recorded on a licence under this section shall, at the expiration of the period during which under the foregoing sub-section the same is to continue recorded, cease for all purposes to be so recorded. Special order against recording. 26.—(1) Whenever the holder of a licence for the sale of intoxicating liquor is convicted by a Justice of the District Court of an offence to which this Part of this Act applies such Justice may, if satisfied that by reason of the trivial nature of the offence such conviction ought not to be recorded on such licence, make an order stating the circumstances which reduce the offence to one of a trivial nature and declaring that such conviction shall not be recorded, and whenever such order is so made such conviction shall not be so recorded. (2) Whenever an order is made by a Justice of the District Court under the foregoing sub-section on a prosecution at the instance of a member of the Gárda Síochána, an appeal shall lie at the instance of such prosecutor to the Judge of the Circuit Court within whose circuit the district or part of the district of such Justice is situate against such order, but not against the conviction in respect of which such order was made, and if such appeal is dismissed such Judge may order the costs of the appeal to be paid by such prosecutor. Removal of record of conviction by the Circuit Court. 27.—Whenever the holder of any licence for the sale of intoxicating liquor is convicted by a Justice of the District Court of an offence to which this Part of this Act applies an appeal shall lie from such conviction to the Judge of the Circuit Court within whose circuit the district or any part of the district of such Justice is situate and the decision of such Judge shall be final and not appealable and on the hearing of such appeal such Judge may, though affirming such conviction, 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 an order declaring that such conviction shall not be recorded, and whenever such order is so made such conviction shall not be so recorded and shall for all purposes be deemed never to have been so recorded and accordingly any forfeiture occasioned by the recording of such conviction shall be deemed to be cancelled. Forfeiture of licences. 28.—(1) Whenever the holder of a licence for the sale of intoxicating liquor by retail is convicted of an offence to which this Part of this Act relates and such conviction is by virtue of this Part of this Act recorded on such licence, and at the time of such recording two convictions (subsequent in date to the passing of this Act) are by virtue of this Part of this Act recorded on such licence, such licence shall thereupon be forfeited. (2) Where a licence is forfeited under this section no new licence shall at any time thereafter be granted in respect of the premises or any part of the premises to which such licence was attached. Two or more offences on the same day. 29.—Whenever the holder of a licence for the sale of intoxicating liquor by retail is convicted of two or more offences to which this Part of this Act applies and such offences were committed on the same day, the Court by which such holder is so convicted or the Court by which such conviction is affirmed on appeal (as the case may be) may if it so thinks fit order that such one or more as such Court shall think fit but not all of such convictions shall not be recorded on such licence, and whenever such order is made the conviction or convictions in respect of which the order is made shall not be recorded on such licence notwithstanding the provisions of this Act, and, in the case of an order made on appeal, shall for all purposes be deemed never to have been so recorded. Relief to bona fide purchasers. 30.—(1) Whenever, on an application for a certificate for the transfer of a licence for the sale of intoxicating liquor by retail, the applicant at the time of such application satisfies the Court that the transfer is desired for the purpose of giving effect to a bona fide sale for money or money's worth of such licence and the premises to which the same is attached, the Court shall, if it grants such certificate, direct in and by such certificate that all (if any) offences then recorded on such licence under this Part of this Act shall at the time of such transfer cease to be so recorded, and whenever such direction is so given every such offence shall at the time of the transfer of such licence pursuant to such certificate cease to be recorded on such licence and such licence shall be so transferred freed and discharged from the records of such offences and shall thereafter have effect for all purposes as if such offences had never been recorded thereon. (2) Whenever a licence (hereinafter called the first licence) is transferred freed and discharged under the foregoing sub-section from the record of an offence and the person who was the holder of such licence immediately before such transfer (hereinafter called the first transfer) applies (whether in the same or another licensing area) within five years after such transfer for a certificate for the transfer (hereinafter called the second transfer) to him of the same or another licence (hereinafter called the second licence) the Court if it grants such certificate shall in and by such certificate direct that all offences which immediately before the first transfer were recorded under this Part of this Act on the first licence shall on the second transfer be recorded on the second licence, and whenever such direction is so given every such offence shall on the second transfer be recorded on the second licence, and such record shall from and after the second transfer have effect as if the same had been made on the second licence at the time when it was made on the first licence save that for the purpose of calculating the duration under this Act of such record the period between the first transfer and the second transfer shall be omitted. (3) It shall be the duty of every person who applies for a certificate for a transfer to which the foregoing sub-section would apply to disclose to the Court at the time of such application the facts by reason of which that sub-section so applies, and every such person who fails or neglects to make such disclosure shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding fifty pounds, and also, if such person is at the date of such conviction the holder of the licence the subject of such certificate, every offence which would under the foregoing sub-section have been recorded on such licence if such disclosure had been duly made shall be deemed to have been duly so recorded in accordance with that sub-section. (4) Every entry in a register of licences of a certificate for a transfer in and by which a direction is given under this section shall include the particulars of such direction. Omission to record conviction on licence. 31.—An omission to record on a licence a conviction which is by this Act required to be recorded thereon shall not prejudice or affect the validity or effect of such conviction or (unless such omission is made by order of a Court under this Act) relieve the convicted person from any consequence which would ensue from such conviction if it had been so recorded. General provisions in relation to recording of convictions. 32.—(1) Whenever the holder of a licence for the sale of intoxicating liquor by retail is charged with an offence to which this Part of this Act applies the summons or other document bringing such holder before a Court for trial on such charge shall state that such holder will be required to produce such licence to the Court at such trial, and at such trial the Court shall require such holder to produce such licence and deliver the same to the registrar, clerk, or other principal officer of the Court. (2) Whenever the holder of any such licence as aforesaid is convicted by or before any Court of an offence to which this Part of this Act applies the following provisions shall have effect that is to say:— (a) the registrar, clerk, or other principal officer of the Court shall forthwith endorse on such licence the date and such other particulars as the circumstances may require of such conviction; (b) if such principal officer is not the district court clerk by whom is kept the register of licences in which such licence is registered, such principal officer shall send to such district court clerk notice of such conviction together with all material particulars; (c) if such conviction occasions the forfeiture of such licence, such principal officer shall retain such licence and, if he is not the district court clerk aforesaid, shall send such licence to such district court clerk; (d) the said district court clerk shall enter in the register of licences in which such licence is registered the date and such other particulars as the circumstances may require of such conviction; (e) if such conviction occasions the forfeiture of such licence, the said district court clerk shall send to the proper officer of the Revenue Commissioners notice of such forfeiture. (3) Whenever an order is made by the Circuit Court on an appeal from a conviction of an offence to which this Part of this Act applies, the county registrar shall forthwith transmit to the district court clerk by whom is kept the register of licences in which such licence is registered notice of such order together with the material particulars thereof and upon receipt of such notice such district court clerk shall enter in such register such particulars of such order as circumstances require and, whenever such order occasions or affects in any way a forfeiture of such licence, shall send notice of such order to the proper officer of the Revenue Commissioners. Admission of registers and endorsements as evidence. 33.—(1) Every register of licences shall be received in any Court as evidence of all matters entered therein in pursuance of this Act and in particular of all convictions, recordings of convictions, and forfeitures of licences so entered therein. (2) Every endorsement upon a licence of a matter required by this Act to be so endorsed shall, if such endorsement purports to be made and signed by the officer required by this Act to make the same, be evidence of the matters stated in such endorsement without proof of the signature or authority of such officer. (3) Every copy of an entry made in a register of licences in pursuance of this Act shall, if such copy purports to be signed and certified to be a true copy by the district court clerk by whom such register is kept, be received in any Court (without proof of the signature or authority of the person by whom the same is signed and certified) as a true copy of such entry and as evidence of any matter of which such entry would be evidence. Penalty for defacing record of conviction on licence. 34.—If any person defaces or obliterates or attempts to deface or obliterate any record of a conviction on his licence he shall be guilty of an o …