Intoxicating Liquor (General) Act, 1924

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PART II.

LICENSING.

Prohibition of sale of intoxicating liquors without licence.

7.—(1) From and after the passing of this Act no person shall sell, expose for sale, or keep for sale, by retail, any intoxicating liquor without being duly licensed so to sell the same, or at any place where he is not authorised by his licence to sell the same.

(2) Every person who shall sell, expose for sale, or keep for sale, by retail any intoxicating liquor without being duly licensed so to sell such intoxicating liquor, and every person who shall sell, expose for sale, or keep for sale, by retail any intoxicating liquor at any place where he is not authorised by his licence so to sell the same, shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a penalty not exceeding fifty pounds, or in default of payment of such penalty to imprisonment for a term not exceeding six months.

(3) In addition to any other penalty imposed by this section, any person convicted of a second or any subsequent offence under this section or having been convicted before the passing of this Act of an offence under section 3 of the Spirits (Ireland) Act, 1854 , or section 3 of the Licensing Act, 1872 , is convicted of an offence under this section shall, if he be the holder of a licence of any description for the sale of intoxicating liquor by retail, forfeit such licence.

(4) In the case of a conviction for any offence under this section, the court may, if it thinks expedient so to do, declare all intoxicating liquor found in the possession of the person so convicted, and the vessels containing such liquor, to be forfeited.

(5) No penalty shall be incurred under this section by the heirs, executors, administrators, or assigns of any licensed person who dies before the expiration of his licence, or by the trustee of any licensed person who is adjudged a bankrupt or whose affairs are liquidated by arrangement before the expiration of his licence, in respect of the sale or exposure for sale or keeping for sale of any intoxicating liquor, provided such sale or exposure for sale or keeping for sale be made on the premises specified in such licence, and takes place prior to the sitting of the Justice of the District Court in the court area in which such premises are situate next after the expiration of fourteen days from the death of the said person or the appointment of a trustee in the case of his bankruptcy, or the liquidation of his affairs by arrangement, as the case may be.