Intoxicating Liquor Act 2008

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Amendment of section 3 of Act of 1927.

9.— Section 3 (as amended by section 4 of the Act of 2000) of the Act of 1927 is amended by inserting the following subsections after subsection (1):

“(1A) Subject to subsection (1B), where non-licensed business is carried on in any premises to which an off-licence is attached, the holder of the licence shall ensure that either—

(a) not later than the first anniversary of the commencement of section 9 of the Intoxicating Liquor Act 2008—

(i) the exposure for sale and the sale of intoxicating liquor is exclusively confined to a part of the licensed premises—

(I) which is structurally separate from the remainder of the premises by means of a wall or similar barrier,

(II) to which access from the remainder of the premises by members of the public may only be obtained by means of a door, gate or turnstile or similar means of access,

(III) which members of the public do not have to pass through in order to obtain access to the remainder of the premises, and

(IV) in which none of the non-licensed business is carried on except the exposure for sale and the sale of any non-alcoholic beverage (including the payment for any article of such beverage) which is also, and at the same times, exposed for sale and sold in the remainder of the premises,

and

(ii) the only place within the premises at which members of the public may pay for intoxicating liquor is at a counter or point of sale situated within the part referred to in subparagraph (i),

or

(b) not later than the first anniversary of the commencement of section 9 of the Intoxicating Liquor Act 2008, the exposure for sale and the sale of intoxicating liquor other than wine is exclusively confined to a part of the premises to which access by members of the public is prevented in such a manner that the sale of such intoxicating liquor to members of the public by means of self-service cannot be effected.

(1B) Subsection (1A) shall not apply in relation to—

(a) any premises the subject of a licence granted under Part IV of the Intoxicating Liquor Act 1943 , or

(b) any premises where the only non-licensed business carried on is the exposure for sale and the sale of—

(i) non-alcoholic beverages,

(ii) ice,

(iii) confectionery,

(iv) cigarettes, tobacco, cigars and matches, and

(v) such other commodities (if any) as may be prescribed in regulations made under subsection (1C) for the purpose of this subparagraph.

(1C) Subject to subsection (1D), the Minister may make regulations to prescribe commodities for the purposes of subparagraph (v) of paragraph (b) of subsection (1B).

(1D) The Minister shall not prescribe a commodity under regulations made under subsection (1C) unless the Minister is satisfied that the commodity is ancillary to, and connected with, the exposure for sale and the sale of intoxicating liquor.

(1E) Every regulation made under subsection (1C) shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling it is passed by either House within the next subsequent 21 days on which that House has sat after the regulation is laid before it, it shall be annulled accordingly, but without prejudice to the validity of anything previously done under it.

(1F) A person who contravenes subsection (1A) is guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding €5,000, or

(b) on conviction on indictment, to a fine not exceeding €100,000.

(1G) A person guilty of an offence under subsection (1F) shall, on each day after having been convicted of such offence on which he or she continues to contravene subsection (1A) in relation to the premises to which that offence relates, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €2,000.

(1H) In this section, ‘ self-service ’, in relation to intoxicating liquor exposed for sale or sold in any premises, means any method of sale which permits a member of the public to supply himself or herself with an article of intoxicating liquor so exposed or sold before payment for the article.”.