{"id":12719,"date":"2022-08-06T14:30:31","date_gmt":"2022-08-06T14:30:31","guid":{"rendered":"http:\/\/legalblog.ie\/?p=12719"},"modified":"2024-02-17T19:05:29","modified_gmt":"2024-02-17T19:05:29","slug":"premises-issues","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/premises-issues\/","title":{"rendered":"Licensed Premises"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/premises-issues\/#Licence\" title=\"Licence\">Licence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/premises-issues\/#Sale_Requires_Licence\" title=\"Sale Requires Licence\">Sale Requires Licence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/premises-issues\/#Other_Sale_Issues\" title=\"Other Sale Issues\">Other Sale Issues<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/premises-issues\/#Unlicensed_Premises\" title=\"Unlicensed Premises\">Unlicensed Premises<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/premises-issues\/#Defences\" title=\"Defences\">Defences<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/premises-issues\/#Unlicensed_Premises_Offence\" title=\"Unlicensed Premises Offence\">Unlicensed Premises Offence<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-7\" href=\"https:\/\/legalblog.ie\/premises-issues\/#Consumption_in_Public\" title=\"Consumption in Public\">Consumption in Public<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-8\" href=\"https:\/\/legalblog.ie\/premises-issues\/#Garda_Powers\" title=\"Garda Powers\">Garda Powers<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Licence\"><\/span>Licence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A licence authorises the licensed person to carry on the business licensed by that licence. An on-licence permits the retail sale of intoxicating liquor for consumption on or off the premises. An off-licence permits sale for consumption off the premises (100m+).<\/p>\n<p>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 pints of 12 reputed quart bottles of spirits, wine, or sweets may be sold to the person at one time.<\/p>\n<p>A cider retailer&#8217;s off-licence shall not be granted other than for premises where a spirit retailer\u2019s off-licence or a wholesale dealer&#8217;s licence for the sale of beer is in force.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Sale_Requires_Licence\"><\/span>Sale Requires Licence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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.<\/p>\n<p>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.<\/p>\n<p>The offences above are subject generally to a class C fine on summary conviction. The occupiers of 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.<\/p>\n<p>It is an offence for a person who is licensed to have in his possession intoxicating liquor for which he is not licensed. The liquor and containers may be forfeited. There are special Garda powers of search applicable.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Other_Sale_Issues\"><\/span>Other Sale Issues<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>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 \u20ac1,500 and \u20ac2,000 for subsequent offences. It appears that an increase in price may be permitted during the course of the day.<\/p>\n<p>No person may sell intoxicating liquor under a licence at the licensed premises other than the licensee his or her agents and employees.<\/p>\n<p>It is an offence for persons who require a manufacturing or wholesale licence not to have such a 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.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Unlicensed_Premises\"><\/span>Unlicensed Premises<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A person shall not be in or consume intoxicating liquor in unlicensed drinking premises unless he is excepted or a bona fide guest of an excepted person.\u00a0 The occupier is guilty of an offence with a penalty of \u20ac63.50 and a continuing penalty of \u20ac6.35 per day that the offence continues.<\/p>\n<p>A person who supplies intoxicating liquor to premises he knows to be unlicensed drinking premises for consumption is deemed to aid and abet the offence.\u00a0 A person who supplies intoxicating liquor to unlicensed drinking premises pursuant to orders to more than one person other than an excepted person within a three-day period is presumed to know that the premises are drinking premises.<\/p>\n<p>An unlicensed drinking premise is a premise which is not licensed and which is used or made available for the consumption of intoxicating liquor by persons resorting to it other than bona fide occupiers, members of the family, persons residing and working at the premises or a bona fide private guest or any of them.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Defences\"><\/span>Defences<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>It is a good defence to show the premises is used bona fide as a club even if not registered under the Registration of Clubs Acts,<\/p>\n<ul>\n<li>which is established and conducted for purposes not connected with the consumption of intoxicating liquor<\/li>\n<li>that the intoxicating liquor has been brought to the premises not more than 12 hours before the occasion for consumption by the club members and<\/li>\n<li>intoxicating liquor is not habitually or frequently consumed in the club premises and is not stored on it.<\/li>\n<\/ul>\n<h3><span class=\"ez-toc-section\" id=\"Unlicensed_Premises_Offence\"><\/span>Unlicensed Premises Offence<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>A search warrant may be issued for premises which are suspected to be an unlicensed drinking premises.\u00a0 A Garda may arrest persons without a warrant who give a false or misleading name or a name which is suspected to be so or obstructs a member of an Garda S\u00edoch\u00e1na.<\/p>\n<p>It is an offence to permit a person to be on licensed premises during prohibited hours.<\/p>\n<p>Where a judge is satisfied by information on oath now that there is reasonable ground to believe intoxicatingly liquor has been sold by retail, exposed or kept for retail within its Court area whether in a building or not, whether or not authorised by a licence, may grant a search warrant.\u00a0 A search warrant permits the Gardai to enter, \u00a0search and remove evidence etc.\u00a0 They may demand the names of persons found on the premises.\u00a0 Failure to give a name or the giving of a false or unreasonable name is an offence.\u00a0 The person may be apprehended without a warrant.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Consumption_in_Public\"><\/span>Consumption in Public<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>There is a range of legislation dealing with the consumption of intoxicating liquor in public. The general Local Government legislation allows for byelaws controlling the consumption of alcohol in public. This is subject on summary conviction to a class C fine.<\/p>\n<p>Byelaws may prohibit the consumption or possession of alcohol in certain defined places. The terms of the byelaws may be brought or narrow depending on the terms adopted.<\/p>\n<p>A licensee is guilty of an offence if, with his liberty or consent, intoxicating liquor is supplied by him in a closed container for consumption off the premises and it is consumed within 100 meters of the premises.<\/p>\n<p>A licensee is guilty of an offence if, with intent to evade the conditions of his licence, he takes intoxicating liquor from the licensed premises for the purpose of it being sold on the account of or for the benefit or profit of the licensee or permits any person to so do. On convictions, the offence is subject to \u20ac1,500 euro and for subsequent offences \u20ac2,000.<\/p>\n<p>A person who consumes intoxicating liquor supplied by a licensee in a closed container for consumption of the premises in a place within 100 meters of the premises is guilty of an offence. The licensee must prove he did not intend to evade the conditions of his licence.<\/p>\n<p>The holder of an off licence who permits intoxicating liquor purchased from it, to be consumed on the premises is guilty of an offence. It is subject on a first offence to a fine up to \u20ac1,500 on conviction or \u20ac2,000 on second and subsequent offences. The person so consuming is guilty of an offence up to \u20ac300 on conviction.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Garda_Powers\"><\/span>Garda Powers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Gardai have extensive powers to enter licensed premises in order to verify compliance with the licensing legislation. Members of an Garda Siochana, whether in uniform or not, may enter without warrant licensed premises at any time and make such inspection, examination, observation and enquiry as they see fit.\u00a0 It is an offence to attempt to obstruct a member in the exercise of his powers. It is subject on a first offence to a fine up to \u20ac1,500 and on a second offence \u20ac2,000.<\/p>\n<p>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.<\/p>\n<p>The Gardai have powers to enter into examine and enquire for the purpose of the licensing legislation. The refusal to admit, obstruction or attempts to obstruct are subject to summary conviction to a class C fine.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-12719\" data-postid=\"12719\" class=\"themify_builder_content themify_builder_content-12719 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Licence A licence authorises the licensed person to carry on the business licensed by that licence. An on-licence permits the retail sale of intoxicating liquor for consumption on or off the premises. An off-licence permits sale for consumption off the premises (100m+). Retail licences limit the quantity of intoxicating liquor that may be sold to [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[89],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12719"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=12719"}],"version-history":[{"count":9,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12719\/revisions"}],"predecessor-version":[{"id":31968,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/12719\/revisions\/31968"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=12719"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=12719"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=12719"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}