Licensing Act, 1872

Application to Ireland.

77. The preceding provisions of this Act with respect to—

1. Illicit sales ;

2. Offences against public order;

3. Adulteration ;

4. Repeated convictions ;

5. Entry on premises ;

6. Six-day licenses ;

7. Legal proceedings;

8. Miscellaneous; and

9. Saving clauses,

shall extend to Ireland, with the modifications following:—

“Intoxicating liquor” shall mean spirits, wine, beer, porter, cyder, perry, and sweets, and any fermented, distilled, or spirituous liquor which cannot, according to any law for the time being in force, be legally sold without a license from the Commissioners of Inland Revenue :

. .

“Intoxicating Liquor Licensing Acts” shall include the Acts authorising the grant of a [1] license and of an excise license as herein-after in this Act defined, and any Act or Acts amending the same :

. .

“Licensed person” shall mean a person holding a license which license is in force :

17 & 18 Vict. c. 89.

“Premises” shall include house or place as defined by section twelve of the Spirits (Ireland) Act, 1854:

“Licensed premises” shall mean premises in respect of which a license has been granted and is in force :

“Unlicensed premises” shall mean premises in respect of which a license has not been granted or is not in force :

“Sale by retail” in respect of any intoxicating liquor means the sale of that liquor in such quantity as is declared to be sale by retail by any Acts relating to the sale of intoxicating liquors:

“Owner of licensed premises” shall mean the person for the time being entitled to receive on his own account, either as mortgagee or other incumbrancer, in possession of the rackrent of such premises :

“Order in Council” or “Order of Her Majesty in Council” shall mean any order made by the Lord Lieutenant, by and with the advice of Her Majesty's Privy Council in Ireland :

The powers which may be exercised by Her Majesty may be exercised as to Ireland by the Lord Lieutenant:

The term “Dublin Gazette” shall be substituted for the term “London Gazette” :

The term “county” shall extend to and include county of a city, county of a town, county of a town and city, city, and county:

. .

The term “police authority” shall mean,—

In the police district of Dublin metropolis either of the commissioners of police for the said district, and

Elsewhere in Ireland, in any other police district, the sub-inspector of the Royal Irish Constabulary :

The term “superintendent of police” shall mean,—

In the police district of Dublin metropolis any superintendent, inspector, acting inspector, or serjeant of Dublin metropolitan police, and

Elsewhere in Ireland, in any other police district, any sub-inspector or head constable of the Royal Irish Constabulary :

The term “constable”—

In the police district of Dublin metropolis shall mean constable of the Dublin metropolitan police, and

Elsewhere in Ireland, any constable or sub-constable of the Royal Irish Constabulary:

The term “special sessions” shall mean petty sessions

. .

The expression “court of quarter sessions for the county or place in which the cause of appeal has arisen” shall mean the court of quarter sessions of the division of the county or the court of the recorder of the borough (if there be a recorder in such borough) in which the cause of appeal has arisen, and if the cause of appeal has arisen within the police district of Dublin metropolis the court of the recorder of the city of Dublin :

The term “one of Her Majesty's Superior Courts at Dublin” shall be substituted for the term “one of Her Majesty's Superior Courts at Westminster.”

Provided always, that a license shall not be required for the sale of intoxicating liquor by retail in pursuance of a retail license granted by the Commissioners of Inland Revenue, in any case which, previous to the passing of this Act, such first-mentioned license was not required.

[1 The term license in this Act is to have the meaning assigned to it by 37 & 38 Vict. c. 69. s. 37.]