S.I. No. 345/1985 - Maximum Prices (Intoxicating Liquor) (No. 2) Order, 1985.

S.I. No. 345 of 1985.

MAXIMUM PRICES (INTOXICATING LIQUOR) (No. 2) ORDER, 1985.

The Minister for Industry, Trade, 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 Trade, Commerce and Tourism (Alteration of Name of Department and Title of Minister) Order, 1983 ( S.I. No. 384 of 1983 ), hereby orders as follows:

1. This Order may be cited as the Maximum Prices (Intoxicating Liquor) (No. 2) Order, 1985.

2. This Order shall come into operation on the 28th day of October, 1985.

3. In this Order—

"premises" does not include any premises registered for the time being under the Tourist Traffic Acts, 1939 to 1983;

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

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, 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 First Schedule or the Second 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 that is sold in a quantity, measure of 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).

5. The Maximum Prices (Intoxicating Liquor) Order, 1985 ( S.I. No. 235 of 1985 ), is hereby revoked.

FIRST SCHEDULE

SECOND SCHEDULE

GIVEN under the Official Seal of the Minister for Industry, Trade,

Commerce and Tourism, this 25th day of October, 1985.

S. DORGAN.

A person authorised by the Minister for Industry, Trade, Commerce and Tourism to authenticate the Official

Seal of the Minister.

EXPLANATORY NOTE.

This Order fixes the maximum retail price for stout and ale sold for on-premises consumption in licensed premises. The Order does not apply to stout and ale sold for consumption off the premises or stout and ale sold in premises registered under the Tourist Traffic Acts, 1939 to 1983.