Refreshment Houses (Ireland) Act, 1860

Penalties other than Excise penalties to be recoverable before a justice or justices in petty sessions, &c. within three months after offence committed, &c.

First offence.

Second offence.

Third offence.

32. All penalties under this Act, except those denominated Excise penalties, shall be recovered upon the information or complaint of any inspector or superintendent or Serjeant of police, or any county inspector, sub-inspector, head or other constable, before any justice or justices at petty sessions, or before any divisional justice or justices in the police district of Dublin Metropolis, and shall be prosecuted and proceeded for within three calendar months next after the commission of the offence in respect of which such penalty shall be incurred, or within such shorter time as may be herein limited with regard to any particular penalty; and every person licensed under this Act to retail wine, to be consumed on the premises, who shall be convicted before any such justice or justices respectively of any offence against the tenour of the licence to him granted under this Act, or of any offence for which any penalty is imposed by this Act, shall, unless proof be adduced to the satisfaction of such justice or justices respectively that such person had been theretofore convicted within the space of twelve calendar months next preceding of some offence against the tenour of his licence or against this Act, be adjudged to be guilty of a first offence against the provisions of this Act, and to forfeit and pay any penalty by this Act imposed for such offence, or, if no specific penalty be so imposed, then any sum not exceeding five pounds, together with the costs of the conviction; and if such proof as aforesaid shall be adduced that such person had been previously convicted within the space of twelve calendar months next preceding of one such offence only, such person shall be adjudged to be guilty of a second offence against the provisions of this Act, and to forfeit and pay any penalty by this Act imposed for such offence, or if, no specific penalty be so imposed, then any sum not exceeding ten pounds, together with the costs of the conviction; and if such proof as aforesaid shall be adduced that such person had been previously convicted within the space of eighteen calendar months next preceding of two such separate offences, and if proof shall be adduced to the satisfaction of such justice or justices respectively that such person so charged is guilty of the offence charged against him, such person shall be adjudged to be guilty of a third offence against the provisions of this Act, and to forfeit any penalty imposed by this Act in respect of such offence, or, if no such specific penalty shall be so imposed, then to forfeit and pay the sum of fifty pounds, together with the costs of the conviction.