Public Health (Alcohol) Act 2018
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Offences | ||
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8. (1) A person guilty of an offence under section 11 (6), 13 (3), 13 (10), 14 (2), 15 (4), 16 (1), 18 (4), 19 (3), 20 (1), 22 (4), 22 (7) or section 23 (4) shall be liable— | ||
(a) on summary conviction, to a class A fine, or imprisonment for a term not exceeding 6 months, or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 3 years, or both. | ||
(2) A person guilty of an offence under section 12 (1) or 12(3) shall be liable— | ||
(a) on summary conviction, to a class A fine, or imprisonment for a term not exceeding 6 months, or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €100,000 or imprisonment for a term not exceeding 2 years, or both. | ||
(3) A person guilty of an offence under section 12 (6), 12 (9), 17 (1), 25 (6) or 30 (9) shall be liable on summary conviction to a class A fine, or imprisonment for a term not exceeding 6 months, or both. | ||
(4) If the contravention in respect of which a person is convicted of an offence under section 11 (6), 13 (3), 13 (10), 14 (2), 15 (4), 16 (1), 17 (1), 19 (3), 20 (1), 22 (4) or 22 (7) is continued after the conviction, the person shall be guilty of a further offence on every day on which the contravention continues and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding €2,000. | ||
(5) In proceedings for an offence under this Act, it shall be a defence for a person against whom such proceedings are brought to show that he or she made all reasonable efforts to ensure compliance with such provisions of this Act as are alleged to have been contravened. | ||
(6) Where a person is convicted of an offence under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not doing so, order the person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecution in relation to the investigation, detection and prosecution of the offence. | ||
(7) Summary proceedings for an offence under this Act may be brought and prosecuted by the Executive. | ||
(8) Notwithstanding section 10 (4) of the Petty Sessions (Ireland) Act 1851 , summary proceedings for an offence under section 12 (6), 12 (9), 17 (1), 25 (6) or 30 (9) may be instituted at any time within 12 months from the date on which the offence was committed or alleged to have been committed. | ||
(9) Where an offence under this Act is committed by a body corporate and is proved to have been so committed with the consent or connivance of or to be attributable to any neglect on the part of any person, being a director, manager, secretary or other officer of the body corporate, or a person purporting to act in such capacity, that person shall, as well as the body corporate, be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence. | ||
(10) Where the affairs of a body corporate are managed by its members, subsection (9) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate. |