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16 1988

INTOXICATING LIQUOR ACT, 1988

PART IV

Provisions relating to persons under the age of 18 years

Interpretation Part IV .

30. —In this Part—

age card” means a card issued under section 40 of this Act;

child” means a person under the age of 15 years;

private residence” includes any outhouse, yard, garden or other land appurtenant thereto or usually enjoyed therewith.

Sale of intoxicating liquor to persons under the age of 18 years.

31. —(1) The holder of any licence shall not—

(a) sell or deliver or permit any person to sell or deliver intoxicating liquor to a person under the age of 18 years,

(b) sell or deliver or permit any person to sell or deliver intoxicating liquor to any person for consumption on his licensed premises by a person under the age of 18 years,

(c) permit a person under the age of 18 years to consume intoxicating liquor on his licensed premises, or

(d) permit any person to supply a person under the age of 18 years with intoxicating liquor on his licensed premises.

(2) The holder of a licence of any licensed premises shall not sell or deliver or permit any person to sell or deliver intoxicating liquor to any person for consumption off his licensed premises by a person under the age of 18 years in any place other than a private residence.

(3) A person who contravenes subsection (1) or (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £300, in the case of a first offence, or

(b) £500, in the case of a second or any subsequent offence,

and the offence shall be deemed for the purposes of Part III (which relates to the endorsement of licences) of the Act of 1927 to be an offence to which that Part of that Act applies.

(4) In any proceedings against a person for a contravention of subsection (1) or (2) of this section, it shall be a defence for such person to prove that the person in respect of whom the charge is brought produced to him an age card relating to such person or that he had other reasonable grounds for believing that such person was over the age of 18 years, or, if the person is charged with permitting another person to sell or deliver intoxicating liquor contrary to the said subsection (1) or (2), to prove that an age card was produced by the person concerned to that other person or that that other person had other reasonable grounds for believing as aforesaid.

Provision of intoxicating liquor for persons under the age of 18 years.

32. —(1) A person shall not—

(a) purchase intoxicating liquor for delivery to, or consumption by, a person under the age of 18 years in any place other than a private residence,

(b) deliver intoxicating liquor to a person under the age of 18 years in any place other than a private residence, or

(c) send a person under the age of 18 years to any place where intoxicating liquor is sold, delivered or distributed for the purpose of obtaining intoxicating liquor.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £300, in the case of a first offence, or

(b) £500, in the case of a second or any subsequent offence.

Offences by persons under the age of 18 years.

33. —(1) A person under the age of 18 years shall not—

(a) purchase intoxicating liquor,

(b) consume intoxicating liquor in any place other than a private residence in which he is present either as of right or by permission, or

(c) represent himself for the purpose of obtaining, or being permitted to consume, intoxicating liquor, to be over the age of 18 years.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.

Exclusion of children from bars of licensed premises.

34. —(1) Subject to subsection (2) of this section, the holder of a licence of any licensed premises shall not allow a child to be at any time in the bar of his licensed premises.

(2) It shall not be unlawful for the holder of a licence of any licensed premises to allow a child to be in the bar of his licensed premises at any time (other than a time during which the sale of intoxicating liquor is prohibited under the Acts) if such child is accompanied by his parent or guardian.

(3) Nothing in subsection (1) of this section shall apply in the case of a child who is—

(a) a child of the licence-holder, or

(b) resident in the licensed premises, or

(c) in the bar of the licensed premises solely for the purpose of passing through in order to gain access to, or egress from, some other part of the premises.

(4) A holder of a licence of any licensed premises shall display in a conspicuous place in the bar of his licensed premises a notice stating that subject to the provisions of section 31 of the Intoxicating Liquor Act, 1988, it is an offence to allow a child (within the meaning of that Act) to be in a bar at any time during which the sale of intoxicating liquor is permitted unless accompanied by his parent or guardian.

(5) A person who contravenes subsection (1) of this section, or a person who causes or procures or attempts to cause or procure a child to go to or to be in the bar of a licensed premises in contravention of this section, shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £100, in the case of a first offence, or

(b) £250, in the case of a second or any subsequent offence.

(6) A person who contravenes subsection (4) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £20, in the case of a first offence, or

(b) £50, in the case of a second or any subsequent offence.

(7) If a child is found in the bar of a licensed premises unaccompanied by his parent or guardian, the parent or, as the case may be, the guardian, of the child shall unless he establishes that the child was so present—

(i) without his knowledge or consent, or

(ii) in accordance with the circumstances specified in subsection (3) of this section,

be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.

(8) In any proceedings against a person for a contravention of subsection (1) of this section, it shall be a defence for such person to prove that he used all due diligence to prevent the child from being admitted to the bar or that he had reasonable grounds for believing that the person in respect of whom he is alleged to have committed the offence was not a child.

Restriction on persons under the age of 18 years being on licensed premises during extended hours.

35. —(1) Notwithstanding the application of an exemption order under section 4 or 5 of the Act of 1927, or section 10 of the Act of 1962, in respect of the premises, the holder of a licence of any licensed premises shall not allow a person who is under the age of 18 years (other than a person under that age whose employment in the licensed premises is not prohibited under section 38 of this Act) to be on that part of the licensed premises which is used on foot of such exemption order for the sale or consumption of intoxicating liquor at any time during the period in respect of which the exemption was granted.

(2) Notwithstanding the application of an exemption order under section 4 or 5 of the Act of 1927, or section 10 of the Act of 1962, in respect of the premises, a person who is under the age of 18 years (other than a person under that age whose employment in the licensed premises is not prohibited under section 38 of this Act) shall not be on that part of the licensed premises which is used on foot of such exemption order for the sale or consumption of intoxicating liquor at any time during the period in respect of which the exemption was granted.

(3) The holder of a licence of any licensed premises in respect of which an exemption order under section 4 or 5 of the Act of 1927, or section 10 of the Act of 1962, is in force shall display in a conspicuous place in the part of the licensed premises which is used on foot of such exemption order a notice stating that it is an offence for a person who is under the age of 18 years to be on that part of the premises at any time during the period in respect of which the exemption order was granted.

(4) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £100, in the case of a first offence, or

(b) £250, in the case of a second or any subsequent offence,

and the offence shall be deemed for the purposes of Part III (which relates to the endorsement of licences) of the Act of 1927 to be an offence to which that Part of that Act applies.

(5) A person who contravenes subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.

(6) A person who contravenes subsection (3) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £20, in the case of a first offence, or

(b) £50, in the case of a second or any subsequent offence.

(7) In any proceedings against a person for a contravention of subsection (1) of this section, it shall be a defence for such person to prove that he used all due diligence to prevent the person under the age of 18 years in respect of whom the charge is brought from being admitted to the part of the licensed premises which is used on foot of an exemption order as aforesaid for the sale or consumption of intoxicating liquor during the period in respect of which the exemption was granted or that such person produced to him an age card relating to such person or that he had other reasonable grounds for believing that such person was over the age of 18 years.

Restriction on persons under the age of 18 years being on premises used for the sale of intoxicating liquor for consumption off the premises.

36. —(1) Where a licensed premises, or any part of a licensed premises which is structurally separate from the remainder of the premises, is used exclusively or mainly for the sale of intoxicating liquor for consumption off the premises, the holder of the licence of the licensed premises shall not permit a person who is under the age of 18 years and who is not accompanied by his parent or guardian (other than a person under that age whose employment in the licensed premises is not prohibited under section 38 of this Act) to be at any time on such premises or, as the case may be, such part of such premises.

(2) A person who is under the age of 18 years and who is not accompanied by his parent or guardian (other than a person under that age whose employment in the licensed premises is not prohibited under section 38 of this Act) shall not be at any time on a licensed premises, or on any part of a licensed premises which is structurally separate from the remainder of the premises, where such premises or, as the case may be, such part of such premises, is used exclusively or mainly for the sale of intoxicating liquor for consumption off the premises.

(3) Where a licensed premises, or any part of a licensed premises which is structurally separate from the remainder of the premises, is used exclusively or mainly for the sale of intoxicating liquor for consumption off the premises, the holder of the licence of such licensed premises shall display in a conspicuous place in such premises a notice stating that it is an offence for a person who is under the age of 18 years and who is not accompanied by his parent or guardian to be on such premises or, as the case may be, in such part of such premises.

(4) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £100, in the case of a first offence, or

(b) £250, in the case of a second or any subsequent offence,

and the offence shall be deemed for the purposes of Part III (which relates to the endorsement of licences) of the Act of 1927 to be an offence to which that Part of that Act applies.

(5) A person who contravenes subsection (2) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.

(6) A person who contravenes subsection (3) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £20, in the case of a first offence, or

(b) £50, in the case of a second or any subsequent offence.

(7) In any proceedings against a person for a contravention of subsection (1) of this section, it shall be a defence for such person to prove that he used all due diligence to prevent the person under the age of 18 years in respect of whom the charge is brought from being admitted to the premises or any part of the premises which is used exclusively or mainly for the sale of intoxicating liquor for consumption off the premises or that such person produced to him an age card relating to such person or that he had other reasonable grounds for believing that such person was over the age of 18 years.

Powers of Garda Síochána in relation to certain offences.

37. —(1) Where a member of the Garda Síochána suspects, with reasonable cause, that an offence under section 31 , 32 or 33 of this Act is being or has been committed, the member concerned may seize, detain and remove, without warrant, any bottle or container which—

(a) is in the possession, in a place other than a place used as an occupied private residence, of a person by or in respect of whom such member suspects the offence to have been committed and who appears to the member to be under the age of 18 years, and

(b) such member suspects, with reasonable cause, contains intoxicating liquor.

(2) Where a member of the Garda Síochána suspects, with reasonable cause, that an offence under this Part has been committed, the member concerned may—

(a) (i) in the case of an offence under section 34 of this Act, request the person in respect of whom the offence was committed, if such person appears to the member to be a child, to provide the member with his name, address and age, or

(ii) in any other case, request the person by whom, or in respect of whom, such member suspects the offence to have been committed to provide such member with his name, address and age, or

(b) request the parent or, as the case may be, the guardian of the person by or in respect of whom the offence was committed to provide the name, address and age of that person.

(3) Where any person, who is requested by a member of the Garda Síochána, pursuant to subsection (2) of this section, to furnish to him a name, address and age, fails or refuses to furnish to the member the name, address or age, or furnishes a name, address or age that the member has reasonable grounds for believing to be false or misleading, the member may arrest such person without warrant and, if the person fails or refuses to furnish the member the name, address or age requested, or furnishes to the member a name, address or age which is false or misleading, the person shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.

(4) For the purposes of this section a member of the Garda Síochána may enter without warrant a place that is not a public place.

Employment of persons under the age of 18 years.

38. —(1) The holder of a licence of any licensed premises shall not employ—

(a) any person being his sister, step-sister, daughter, step-daughter or sister-in-law who resides with him and is under the age of 16 years, or

(b) any person being his brother, step-brother, son, step-son or brother-in-law who resides with him and is under the age of 16 years, or

(c) any person being a person who is apprenticed to the holder of the licence and is under the age of 16 years, or

(d) any person under the age of 18 years other than a person referred to in paragraph (a), (b) or (c) of this subsection who is over the age of 16 years,

to sell intoxicating liquor for consumption on or off his licensed premises nor shall such holder of a licence permit any such person to engage in any such sale in his licensed premises.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding—

(a) £50, in the case of a first offence, or

(b) £100, in the case of a second or any subsequent offence,

and the offence shall be deemed for the purposes of Part III (which relates to the endorsement of licences) of the Act of 1927 to be an offence to which that Part of that Act applies.

Proof of age in prosecution.

39. —(1) Where in any prosecution under section 31 , 32 , 33 , 35 , 36 , 37 or 38 of this Act, it is alleged that the person by whom, or in respect of whom, the offence was committed was a person under the age of 18 years, and such person appears to the Court to have been, at the date of the commission of the offence, a person under that age, that person shall, for the purposes of this Part, be presumed to have been under the age of 18 years at that date, unless the contrary is proved.

(2) Where in a prosecution for an offence under section 34 of this Act, it is alleged that the person in respect of whom the offence was committed was a child, and such person appears to the Court to have been a child at the date of the commission of the offence, that person shall, for the purposes of this Part, be presumed to have been a child at that date, unless the contrary is proved.

Age cards.

40. —(1) The Minister may by regulations provide for the issue to a person of or over the age of 18 years, if so requested by the person and subject to his compliance with the regulations, of a card (in this Part referred to as “an age card”) specifying the age of the person.

(2) Without prejudice to the generality of subsection (1) of this section, regulations under this section may make provision in relation to all or any of the following matters:

(a) the information as to his age and any other matters specified in the regulations to be furnished by a person (in this subsection referred to as “the applicant”) applying for the issue of an age card,

(b) a form of application for an age card,

(c) the charging and payment of fees in respect of the issue or replacement of an age card,

(d) the form of an age card and the particulars (which may include a photograph of the holder thereof) to be specified in an age card,

(e) the period of validity of an age card,

(f) the person by whom an age card shall be issued,

(g) any other matter in relation to which it is, in the opinion of the Minister, necessary or expedient to make provision.

Forgery or alteration of age cards.

41. —(1) A person shall not forge a document purporting to be an age card, alter an age card, or use such a document or an altered age card, with intent to deceive.

(2) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding 12 months or to both.