S.I. No. 2/1981 - Maximum Prices (Intoxicating Liquor) Order, 1981.


S.I. No. 2 of 1981.

MAXIMUM PRICES (INTOXICATING LIQUOR) ORDER, 1981.

The Minister for Industry, Commerce and Tourism, in exercise of the powers conferred on him by sections 22A and 22C (inserted by the Prices (Amendment) Act, 1965 (No. 23 of 1965) ) of the Prices Act, 1958 (No. 4 of 1958), as amended by the Prices (Amendment) Act, 1972 (No. 20 of 1972), the Prices Stabilisation Order, 1973 ( S.I. No. 96 of 1973 ), and the Industry, Commerce and Energy (Alteration of Name of Department and Title of Minister) Order, 1980 ( S.I. No. 10 of 1980 ), hereby orders as follows:

1. This Order may be cited as the Maximum Prices (Intoxicating Liquor) Order, 1981.

2. This Order shall come into operation on the 7th day of January, 1981.

3. In this Order—

"glass" means half-gill;

"half-glass" means quarter-gill;

"premises" does not include any premises registered for the time being under the Tourist Traffic Acts, 1939, to 1979;

"specified area" means the county of Dublin (excluding any part of the urban district of Bray and the townland of Backweston Park in the county of Dublin), the county borough of Dublin and the borough of Dun Laoghaire.

4. (1) The maximum price at which intoxicating liquor of a kind specified in column (2) of the First Schedule to this Order at any reference number may be sold in the specified area in the quantity, measure or unit specified in that column at that reference number in any particular part of any premises for consumption on the premises shall be—

( a ) the lowest price charged in respect of that liquor for that quantity, measure or unit thereof in that part of those premises between the 19th day of June, 1978, and the 24th day of June, 1978, when sold for consumption on the premises, or

( b ) the maximum price chargeable in respect of that liquor for that quantity, measure or unit thereof in that part of those premises under the Maximum Prices (Intoxicating Liquor) Order, 1977 ( S.I. No. 294 of 1977 ), when sold for consumption on the premises,

whichever is the lower, increased by the amount specified in column (3) of that Schedule at that reference number.

(2) The maximum price at which intoxicating liquor of a kind specified in column (2) of the Second Schedule to this Order at any reference number may be sold other than in the specified area in the quantity, measure or unit specified in that column at that reference number in any particular part of any premises for consumption on the premises shall be —

( a ) the lowest price charged in respect of that liquor for that quantity, measure or unit thereof in that part of those premises between the 19th day of June, 1978, and the 24th day of June, 1978, when sold for consumption on the premises, or

( b ) the maximum price chargeable in respect of that liquor for that quantity, measure or unit thereof in that part of those premises under the Maximum Prices (Intoxicating Liquor) Order, 1977 ( S.I. No. 294 of 1977 ), when sold for consumption on the premises,

whichever is the lower, increased by the amount specified in column (3) of that Schedule at that reference number.

(3) Where in proceedings for a contravention of this Article it is shown to the satisfaction of a court that intoxicating liquor of a kind specified in column (2) of the Schedule to this Order at any reference number was sold at a particular price between the 19th day of June, 1978, and the 24th day of June, 1978, in a quantity, measure or unit specified in that column at that reference number in any particular part of any premises for consumption on the premises, the price aforesaid shall be presumed, until the contrary is shown, to be —

( a ) the lowest price at which that kind of liquor was sold in that quantity, measure or unit in that part of those premises for consumption on the premises between those dates, and

( b ) to be lower than the maximum price chargeable in respect of that kind of liquor for that quantity, measure or unit thereof in that part of those premises under the Maximum Prices (Intoxicating Liquor) Order, 1977, when sold for consumption on the premises.

(4) Where, in relation to intoxicating liquor of a kind specified in column (2) of the First Schedule to this Order than is sold in a quantity, measure or unit referred to in paragraph (1) of this Article in any particular part of any premises for consumption on the premises, the price specified in subparagraph (a) of that paragraph is equal to the price specified in subparagraph (b) of that paragraph, the price specified in the said subparagraph (a) shall be deemed, for the purposes of this Order, to be lower than the price specified in the said subparagraph (b).

(5) Where, in relation to intoxicating liquor of a kind specified in column (2) of the Second Schedule to this Order that is sold in a quantity, measure or unit referred to in paragraph (2) of this Article in any particular part of any premises for consumption on the premises, the price specified in subparagraph (a) of that paragraph is equal to the price specified in subparagraph (b) of that paragraph, the price specified in the said subparagraph (a) shall be deemed, for the purposes of this Order, to be lower than the price specified in the said subparagraph (b).

FIRST SCHEDULE

Reference Number

(1)

Kind of intoxicating liquor and quantity, measure or unit thereof

(2)

Amount of Increase

(3)

1.

Pint of draught stout

23p

2.

Pint of draught ale

23p

3.

Pint of draught lager

23p

4.

Half-pint of draught stout

12p

5.

Half-pint of draught ale

12p

6.

Half-pint of draught lager

12p

7.

Bottle of stout of a capacity of a pint

26p

8.

Bottle of ale of a capacity of a pint

26p

9.

Bottle of lager of a capacity of a pint

26p

10.

Bottle of stout of a capacity of a half-pint

13p

11.

Bottle of ale of a capacity of a half-pint

13p

12.

Bottle of lager of a capacity of a half-pint

13p

13.

Glass of Irish whiskey (or whisky)

46p

14.

Glass of whiskey (or whisky) other than Irish whiskey (or whisky)

46p

15.

Half-glass of Irish whiskey (or whisky)

23p

16.

Half-glass of whiskey (or whisky) other than Irish whiskey (or whisky)

23p

17.

Glass of gin

46p

18.

Half-glass of gin

23p

19.

Glass of vodka

46p

20.

Half-glass of vodka

23p

SECOND SCHEDULE

Reference Number

(1)

Kind of intoxicating liquor and quantity, measure or unit thereof

(2)

Amount of Increase

(3)

1.

Pint of draught stout

22p

2.

Pint of draught ale

22p

3.

Pint of draught lager

22p

4.

Half-pint of draught stout

12p

5.

Half-pint of draught ale

12p

6.

Half-pint of draught lager

12p

7.

Bottle of stout of a capacity of a pint

25p

8.

Bottle of ale of a capacity of a pint

25p

9.

Bottle of lager of a capacity of a pint

25p

10.

Bottle of stout of a capacity of a half-pint

13p

11.

Bottle of ale of a capacity of a half-pint

13p

12.

Bottle of lager of a capacity of a half-pint

13p

13.

Glass of Irish whiskey (or whisky)

42p

14.

Glass of whiskey (or whisky) other than Irish whiskey (or whisky)

42p

15.

Half-glass of Irish whiskey (or whisky)

21p

16.

Half-glass of whiskey (or whisky) other than Irish whiskey (or whisky)

21p

17.

Glass of gin

42p

18.

Half-glass of gin

21p

19.

Glass of vodka

42p

20.

Half-glass of vodka

21p

5. The Maximum Prices (Intoxicating Liquor) (No. 3) Order, 1980 ( S.I. No. 302 of 1980 ), is hereby revoked.

GIVEN under the Official Seal of the Minister for Industry, Commerce and Tourism, this 5th day of January, 1981.

S. MacLUGHADHA

A person authorised by the Minister for Industry, Commerce and Tourism to authenticate the Official Seal of the Minister.

EXPLANATORY NOTE

This Order provides that the price charged for intoxicating liquor as specified in the Order, in a particular part of any licensed premises, shall be the lowest price charged for that liquor during the period 19th to the 24th June, 1978 in that part of the premises, or the maximum price chargeable under the Maximum Prices (Intoxicating Liquor) Order, 1977, whichever is the lower, increased by the amount specified in the Order.

The amount of increase specified in the schedules to the Order include price increases with effect from 27th July, 1978, 13th February, 1979, 23rd July, 1979, 17th September, 1979, 4th February, 1980, 3rd March, 1980 and 6th October, 1980 under previous Orders. The Order also provides for price increases from 7th January, 1981 as follows:

1p per pint of draught stout, ale and lager

1p per half-pint of draught stout, ale and lager

2p per pint of bottled stout, ale and lager

1p per half-pint of bottled stout, ale and lager

2p per glass of whiskey, gin and vodak

1p per half-glass of whiskey, gin and vodka

The Order does not apply to liquors sold for consumption off the premises or liquors sold in premises registered under the Tourist Traffic Acts, 1939 to 1975. The Order revokes the Maximum Prices (Intoxicating Liquor) (No. 3) Order, 1980.