Under Age Drinking
Underage Offences
There is a range of offences concerned with selling or providing alcohol to persons under 18 years of age. A licence holder may not sell or permit a person to sell or deliver intoxicating liquor to a person under 18 years. The  applies irrespective of whether the consumption happens on or off the premises.
A licence holder shall not sell or deliver intoxicating liquor to a person under the age of 18 or permit another to do so. He shall not do so to a person for the purpose of consumption by a person on the licensed premises under the age of 18. He shall not permit a person under the age of 18 to consume intoxicating liquor on the premises or permit any person to supply the same.
The above offences are subject on summary conviction to a fine up to class B limit for a first offence and class A or subsequent offences.
A notice is required to be displayed in a conspicuous on a licensed premises or registered club with a statement of the underage prohibitions and offences.
Off the Premises
A person under 18 shall not purchase intoxicating liquor, consume it in any place except in a residence with the express consent or permission of his/her parents or guardian.He / she shall not represent himself for the purpose of obtaining intoxicating liquor as being over 18 years’ old.
The holder of a licence shall not sell or permit the sale or delivery of intoxicating liquor for consumption off the premises by a person under the age of 18 except with  the consent of the persons guardian or parent in a residence. Breach is subject on summary conviction to a fine up to €3000 for the first offence and up to €5000 for subsequent offences.
No person shall purchase intoxicating liquor for delivery, consumption or supply to a person under 18 years of age. No person shall deliver intoxicating liquor to such a person. It is not unlawful to do so for consumption by a person under 18 in private residence with the explicit consent of his parent or guardian.
A person shall not send a person under 18 years of age to a place where intoxicating liquor is sold, delivered or distributed for the purpose of obtaining intoxicating liquor. Breach of these provisions is subject to the same penalty as is the case in a  supply by a licence holder.
The above offences are subject on summary conviction to a fine up to class B limit for a first offence and class A or subsequent offences.
15 to 18 Years Private Function
A child may be present on licensed on premises between 9 AM and 9 PM (10 PM during the period 1st May to 30th September) with a parent or guardian. This is not permitted if the child’s present could reasonably be regarded as injurious to his or her health safety and welfare. The person aged between 15 and 18 may be on a licensed premises during those hours.
A person under the age of 18 may be permitted on licensed premises when intoxicating liquors is not being sold supplied consumed and physical access to intoxicating liquor is securely prevented.
A person between 15 and 18 years of age may be in the bar of a licensed premises on the occasion of a private function at which a substantial meal is served to persons attending. Subject to this, a person who is between 15 and 18 years may not be in the bar of a licensed premises after 9:00 p.m or 10:00 p.m. during the period 1st May to 30ht September.
He  may not be in a bar before 10:00 a.m. on the following day or 12:00 p.m. if it is a Sunday. Contravention is an offence subject on summary conviction to a fine up €100 euro.
Allow on Premises
The holder of a licence may not, subject to the above qualifications permit a person under 18 to be in the bar of a licensed premises at any time. It is lawful for a licence holder to allow a child to be accompanied by a parent or guardian in the bar up to 9:00 p.m. (10:00 p.m.) on Sunday. This does not apply in relation to a child where it appears to the holder that the child’s presence could reasonably be regarded as injurious to his health, safety and welfare.
The restrictions on age do not apply to children of the licensee, persons resident on the licensed premises, persons passing through it for the purpose of entering and leaving another premises and to persons lawfully employed there,
It is not lawful for a licensee to allow a person between the ages of 18 and 21 to be on premises who has not produced an age document. Similar prohibitions apply to the presence of persons under the age of 18 on a licensed premises during extended hours where applicable.
Where a premises is used exclusively or mainly for the sale of alcohol or for consumption off the premises, the licence does not permit a person under the age of 18 (not accompanied by a parent or guardian) to be on the premises or such part of the premises. Such person may not be on the premises, and they also commit an  offence when they do so.
Where a premises or part of it is structurally separate from the remainder and is used mainly or solely for sale of intoxicating liquor, there must be a notice in stating that it is an offence to sell for a person under 18 years not accompanied by a parent or guardian to be on such premises
Breach is an offence subject to a class D or class E fine depending on the circumstances.
Presumption
In most of the key offences relating to persons under the age of 18 years, it  is presumed that they are under that age, until the contrary is shown. It is a defence to prove that the person charged had an identity card showing his age.
There is provision for test purchasing of alcohol. A person who was at least 15 years of age may with parental consent and with the consent of the Gardai, enter premises for the purpose of testing compliance and enforcement.
ID Card
Regulations by the Minister in relation to an age card may provide for
- the information to be provided on application
- the form of application
- the form of the card
- period of validity
- issue
- other matters.
It is an offence to forge an age card with intent to deceive. Breach is an offence subject to a fine on summary conviction of €1270 or imprisonment up to 12 months or both.
Produce ID
The holder of a licence premised may not permit a person who is between the years of 18 and 21 to be on a premises after 9:00 p.m. (10:00 p.m. 1st May to 30th September) if he does not produce an age document. A person in respect of any of the above under aged offences apply is presumed to be under 18 until the contrary is proved.
An age document is a document containing a photograph of the person and containing proof of age including an age card under legislation (ID card, passport, ID card of EU state, driver’s licence or prescribed document).
A person between 18 and 21 years of age may not be on the licensed premises without having a relevant age document. A licence holder who contravenes any of the above is guilty of an offence subject on first conviction €1,500 and  thereafter €2,000 The individual who does not have the relevant ID document is subject to a fine up to €300.
The Minister may make regulations for the issue of  age card/identity card. It is an offence to forge or alter such a card. Breach is an offence subject to a fine of €1,269 and/or 12 months imprisonment.
Exemption Order Period
Notwithstanding an exemption order for extended hours, a licence holder may not allow a person under 18 other than an employee who is not prohibited, to be on a premises used for the purpose of the exemption order during the period of exemption. The holder of a licence must display a sign stating that a person under the age of 18 years may not be on the premises during the period in respect of which the exemption order is granted.
The holder of an off licence may not permit a person under 18 who u not accompanied by his parent or guardian other than a lawful employee to be on the premises. Similarly, the person concerned commits an offence by being present on the off licence premises in the above circumstances. A notice must be displayed stating that the above is an offence.
The offence is subject to a fine of €381 o for first defence and €635 euro for a second offence. In the case of the person concerned, the penalty is €63.50.
Temporary Closure Order
Where the holder of a licence is convicted of any of the main offences /regarding “under-age drinking” the court shall in addition to a penalty make a temporary closure order for the premises. This may be of not less than two and not more than seven days’duration  for a first offence; seven to thirty  for each subsequent offence.
The court may hear the member from Garda Siochana involved in the investigation in considering the duration of a temporary closure order. It is to commence on the 30th day after the order, if no appeal is made. It may follow from the result of an appeal.
The court on appeal may vary the term and period of the closing order.
Where a premises closes in accordance to a temporary closing order, it must contain a notice so stating. Breach of the closure order is itself an offence. The court may also order that the offences be endorsed on the licence.
Garda Powers
The Garda Siochana may with reasonable cause, where it is suspected that one or more of the above offences are being committed, seize, detain and removed bottles and containers in a person’ s possession other than from an occupier of  private residence, from a person who is suspected of committing an offence and who appears to be under 18 years of age,  which is suspected to contain intoxicating liquors.
Where a member of an m Garda Siochana with reasonable cause suspects that an offence has been committed, and the person concerned appears to be a child, may require the person to provide his name, address and age. In other cases, he may request the person by whom or in respect of whom it is suspected that the offence has been committed, to provide him details of his name, age and address. Alternatively, he may  request the parent or guardian to provide the requisite details. Failure to furnish the details or furnishing a false or misleading details is an offence.
Where a member of Garda Siochana suspects with reasonable cause that  a person under 18 years’ old  is in a place other than a dwellinghouse alone or  accompanied by another person, and that a bottle or container containing intoxicating liquor is in his possession or that of an accompanying person and is being or is intended to be used by that person, that he may seek an explanation from the person or the accompanying person of the matters to which the belief relates.
Give Information
If the person requested refuses to give an explanation, he may request the person to whom he should give the bottle giving a warning that failure or refusal to do so may lead to seizure, his arrest or both. If he fails to comply the Garda may remove and seize the bottle and use such force as is  reasonable in the circumstances. He may require the person to furnish his name, address and age.
Where a person fails or refuses to comply or there is reasonable grounds for believing that the information is misleading the member may arrest the person concerned without warrant.
The failure or refusal to comply with a request or giving false or misleading information is an offence subject to a fine of up to €500.
Bottle seized, detained and removed maybe disposed of. A record is required to be made and retained. The above provisions does not affect the provisions in the Public Order Act 1994.
Power to Enter
A member of an  Garda Siochana may enter a place other than a dwelling house without warrant where he has  reasonable grounds to believe that any of the above matters or circumstances apply. A member of Garda Siochana may, in accordance with guidelines, send a person between the age of 15 and 18 years to undertake test purchases of intoxicating liquor.
They must obtain parent’s consent. They must ensure no harm is caused to the welfare of the person. The Minister of Justice after consulting with the Garda Commissioner and Minister for Health may issue guidelines in respect of procedures to be followed.
Under Age Employees
The holder of a licensed premises must not employ  any person who is apprenticed or a person under 18 years,  to sell intoxicating liquor for consumption on or off the premises. They may not permit any such persons to do the same.
He may employ a person being his sister, daughter, step-daughter, sister-in-law, brother, step brother, son, step-son or brother-in-law who resides with him and is over 16 years of age  to sell intoxicating liquor for consumption on or off the premises or to engage in any such sale in licensed premises.
Contravention is an offence subject to on convection on first penalty €63.49 and €127  on subsequent offences.
A person aged 16 to 18 years who is engaged in general duties may be employed provided that he does not engage in the sale of intoxicating liquor.
Liqueurs
It is prohibited to sell liqueur chocolates to persons under 16 years of age where the confectionery contains more than 1/50 of a gallon of liquor per pound and either consists of separate pieces which weighs not more than one and half ounce or is designed to be broken into such as for the purpose of consumption.