Intoxicating Liquor Act 2008

Regulations relating to sale, supply and consumption of intoxicating liquor.

16.— (1) Subject to subsection (2), the Minister may make regulations—

(a) prohibiting or restricting a person from advertising or promoting the sale or supply of intoxicating liquor at a reduced price or free of charge on the purchase of any quantity of intoxicating liquor or of any other product or service,

(b) prohibiting or restricting a licensee from selling or supplying intoxicating liquor at a reduced price or free of charge to any person on the purchase by that person, or by any other person, of any quantity of intoxicating liquor or of any other product or service,

(c) prohibiting or restricting a person from doing or permitting, for the purposes of promoting that person’s business or any event or activity taking place in a place other than a place used as an occupied private residence, anything that is intended or likely to encourage persons in that place to consume intoxicating liquor to an excessive extent.

(2) In making regulations under this section, the Minister shall have regard to the need to reduce the consumption by persons of intoxicating liquor to an excessive extent and, without prejudice to the generality of that need, in particular have regard to—

(a) the need to reduce the risk of a threat to public order arising from the consumption of intoxicating liquor to an excessive extent,

(b) the health-related risks arising from the consumption of intoxicating liquor to an excessive extent, and

(c) in the case of advertising referred to in subsection (1) where the Minister is satisfied that the medium used for the advertising, or the nature of the advertising, or both, is intended or likely to encourage the consumption of intoxicating liquor to an excessive extent, the need to prohibit or restrict such advertising.

(3) Regulations made under this section may be expressed to apply by reference to one or more of the following:

(a) a class or classes of licensed premises;

(b) a class or classes of non-licensed premises (other than occupied private residences);

(c) a class or classes of intoxicating liquor; and

(d) a class or classes of advertising.

(4) (a) A person who contravenes regulations made under this section is guilty of an offence.

(b) A person guilty of an offence under paragraph (a) is liable—

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

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

(5) Every regulation made under this section 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.

(6) For the purposes of this section, the sale or supply of intoxicating liquor at a reduced price or free of charge includes—

(a) the award, whether directly or indirectly, of bonus points, loyalty card points, or any similar benefit, to any person arising from the purchase by that person, or by any other person, of any intoxicating liquor,

(b) the use of any such points or benefit, whether directly or indirectly, to obtain intoxicating liquor, or any other product or service, at a reduced price or free of charge, and

(c) the use, whether directly or indirectly, of bonus points, loyalty card points, or any similar benefit, arising from the purchase of any product or service to obtain intoxicating liquor at a reduced price or free of charge.

(7) This section shall also apply in relation to a club registered under the Registration of Clubs Acts 1904 to 2008 as if references in this section to a licensee were references to the secretary of such a club and with any other necessary modifications.