Intoxicating Liquor Act, 1988

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.