Misc Licensing Offences
Prostitution & Crime
The legislation makes it an offence knowingly to permit premises to be the habitual resort of reputed prostitutes whether or not their objective is prostitution. If they remain longer than reasonably necessary for the purpose of obtaining reasonable refreshment, an offence is committed. This is subject on conviction to a class D fine.
It is not offence subject to forfeiture of the licence on conviction, to allow a premises to be used as a brothel..
It is an offence for a person occupying a licensed premises or place of public entertainment knowingly to harbour or lodge thieves or reputed thieves or to allow them to assemble or to deposit goods having reasonable cause to believe them to be stolen.
The licence may be forfeited on first conviction at the discretion of the court. It must be forfeited on a second conviction and the licensee is to be disqualified from holding such a licence for two years.
Unlicensed Premises
It is an offence to sell intoxicating liquor without a licence. It is an offence to sell intoxicating liquor in a place not licensed for such purpose. It is an offence to expose for sale, keep for sale, or sell intoxicating liquor without being licensed for such sale.
Breach is subject on summary conviction to a penalty and / or imprisonment for up to 6 months. A person convicted of a second or subsequent offence, shall have the licence forfeited. Intoxicating liquors so found may be declared to be forfeited by the court.
The offence is above are subject generally to a class C fine on summary conviction.The occupier of an unlicensed premises on which intoxicating liquor is sold and each of them who is privy to the sale or activity are subject to the penalties.
A licence authorises the licensed person to carry on the business licensed by that licence. An on licence permitsfthe retail sale of intoxicating liquor for consumption on or offthe premises. An off licence permits sale for consumption off the premises (100m+).
No Wholesale / Manufacturing Licence
It is an offence for persons who require a manufacturing or wholesale licence, not to have such licence. It is an offence for such persons to breach or contravene the terms of the licence including in particular selling intoxicating liquor by retail sale.
It is an offence to sell intoxicating liquor at a reduced price for part of the day only. This is subject on conviction to a fine up to €1,500 and €2,000 for subsequent offences. It appears that increase in price may be permitted during the course of the day.
No person may sell intoxicating liquor under a licence at the licensed premises other than the licensee his or her agents and employees.
Measures & Quantities
Metrology legislation defines the use of measures for the purpose of sale. See separately the section in relation to stamping and verification of measures.
Retail licences limit the quantity of intoxicating liquor that may be sold to specific amounts to particular persons on particular occasions. Not more than 36 pints or 24 quart bottles of beer or cider and not more than 16 pinrs of 12 reputed quart bottles of spirits wine orsweets may be sold to person at one time.
Garda Powers
The gardai have extensive powers to enter licensed premises in order to verify compliance with the licensing legislation.
The Gardai are enetitled to have access to all parts of the licensed premises including external buildings.It is an offence to obstruct a member of An Garda Siochana in performing his or her duties. It is an offence to refuse admission to a memner in good faith in the exercise of their duties.
The Gardai have powers to examine and enquire for the purpose of the licensing legislation. Refusal to admit, obstruction or attempts to obstruct are subject, on summary conviction, to a class C fine.