21/08/1925: The Prevention Of Illicit Distillation Regulations, 1925.

DEPARTMENT OF JUSTICE.

THE PREVENTION OF ILLICIT DISTILLATION REGULATIONS, 1925.

WHEREAS by Section 26, Sub-section 5, of the Intoxicating Liquor (General) Act, 1924 (No. 62 of 1924), it is enacted that the Minister for Justice may make regulations prescribing the terms and conditions on which permits may be granted to persons to sell, purchase, or have possession of any specified quantity of any material, to which the Section for the time being applies, in any specified area or place, to which the Section for the time being applies, or to bring any specified quantity of any such material into any such specified area or place:

NOW, I, Caoimhghín O h-Uigín, Minister for Justice, by virtue of the powers conferred upon me by Section 26, Sub-section 5, of the Intoxicating Liquor (General) Act, 1924 (No. 62 of 1924), and of all other powers enabling me in this behalf, do order and prescribe as follows:—

(1) In these Regulations the expression "Minister" shall mean Minister for Justice; the expression "controlled material" shall mean any material which the Minister under Section 26, Sub-section 6, of the Intoxicating Liquor (General) Act, 1924 , shall in relation to any particular area or place by order from time to time appoint; the expression "Dealer" shall mean any person who sells or supplies any controlled material; the expression "scheduled area" shall mean any area or place to which Section 26 of the Intoxicating Liquor (General) Act, 1924 , is applied by Order of the Minister.

(2) An application by a person resident in a scheduled area for a permit to purchase from a Dealer carrying on business in the same scheduled area and have possession of any controlled material for consumption or use on his own premises shall be in accordance with such modification of Form I in the Schedule hereto as may be suitable. Such application shall be lodged by the Applicant with the Sergeant of the Gárda Síochána for the Sub-District in which the Applicant resides, and upon receipt of such application the Sergeant may, if he sees fit, grant to such person a permit to purchase and have possession of the controlled material in respect of which the application is made. Such permit shall be in accordance with such modification of Form II in the Schedule hereto as may be suitable. At the time of delivering such permit to the Applicant the Sergeant shall also deliver to him a permit entitling the Dealer from whom it is intended to purchase the controlled material to sell same. Such permit to sell, which shall be in accordance with such modification of Form III in the Schedule hereto as may be suitable, shall be delivered by the Applicant to the Dealer, and shall be retained by such Dealer on his supplying the controlled material set forth therein.

(3) In all other cases applications for permits to purchase and/or bring any controlled material into any scheduled area shall be in accordance with such modification of Form IV in the Schedule hereto as may be suitable. Such application, when completed, shall be lodged with the Sergeant of the Gárda Síochána for the Sub-District in which the Applicant resides or carries on business, and shall be forwarded by such Sergeant to his Superintendent, who may, if he sees fit, grant to the Applicant a permit which shall be in accordance with such modification of Form V in the Schedule hereto as may be suitable. At the time of issuing such permit the Superintendent shall also issue and cause to be delivered to the Applicant in duplicate a permit to sell, which shall be in accordance with such modification of Form VI in the Schedule hereto as may be suitable. The original and copy of such permit to sell shall be delivered by the Applicant to the person from whom he intends to purchase the controlled material.

(4) Any person residing or carrying on business in a scheduled area, who, at the date of the application of Section 26 of the Intoxicating Liquor (General) Act, 1924 , to such scheduled area, has, or at any date subsequent thereto, shall have in his possession any controlled material for the purchase and/or bringing of which into such scheduled area he shall not have obtained a permit, shall apply in the manner provided in the preceding paragraph hereof for a permit to be in possession of such controlled material whereupon the Superintendent of the Gárda Síochána for the District in which the Applicant resides or carries on business may grant him a permit, which shall be in accordance with such modification of Form VII in the Schedule hereto as may be suitable.

(5) Where any controlled material purchased under permit by a resident in a scheduled area from a Dealer in such scheduled area is being removed from the premises of the Dealer to the premises of the purchaser otherwise than by consignment on a railway, ship or canal, or through common carriers or by despatch through the Post Office, the person, having charge of such controlled material, shall have in his possession and shall on demand produce to a member of the Gárda Síochána the original permit to purchase said controlled material. Where such controlled material shall be consigned by railway, ship or canal, or through common carriers or despatched through the Post Office, the original permit to purchase same shall be affixed in a conspicuous manner to the package or one of the packages, where more than one, so consigned or despatched, as the case may be.

(6) In all other cases where any controlled material is brought into or removed within any scheduled area otherwise than by consignment on a railway, ship or canal, or through common carriers, or by despatch through the Post Office, the person, having charge of such controlled material, shall have in his possession and shall on demand produce to a member of the Gárda Síochána a copy of the permit to sell said controlled material. Where in such cases the controlled material shall be consigned by railway, ship or canal, or through common carriers, or despatched through the Post Office, a copy of the permit to sell same shall be affixed in a conspicuous manner to the package, or to one of the packages, where more than one, so consigned or despatched, as the case may be.

(7) Every Dealer who has a place of business in a scheduled area shall keep registers of all purchases and sales respectively made by him of controlled material, and shall within twenty-four hours after any such purchase or sale enter or cause to be entered full particulars thereof in the appropriate register. Such registers shall be in accordance with such modification of Forms VIII (a) and VIII (b) in the Schedule hereto as may be suitable.

(8) Every Dealer having a place of business outside a scheduled area, who sells or supplies any controlled material to a person residing or carrying on business within a scheduled area or sells any controlled material to a person residing outside a scheduled area for the purpose of such material being brought into a scheduled area, shall keep a register of such sales, which shall be in accordance with such modification of Form VIII (b) in the Schedule hereto as may be suitable, and shall within twenty-four hours after such sale enter or cause to be entered full particulars thereof in such register.

(9) Where the particulars required by paragraphs 7 and 8 hereof to be entered in the registers aforesaid in respect of any transaction are not known to the Dealer, it shall be his duty at or before the completion of such transaction to demand such particulars from the person with whom the transaction takes place, and it shall be the duty of such person on such demand to furnish such particulars accordingly.

(10) Every register kept in pursuance of these Regulations may be inspected at all reasonable times by any member of the Gárda Síochána or any Officer of Excise for any purpose arising out of or in connection with these Regulations or the provisions of Section 26 of the Intoxicating Liquor (General) Act, 1924 , and it shall be the duty of the Dealer by or for whom such register is kept to produce for the inspection of such member of the Gárda Síochána or such Officer of Excise on demand such register and all permits issued under these Regulations, and all invoices, consignment notes, receipts, and other documents, including copies thereof when the originals are not available, reasonably demanded by such member or officer for the purpose of verifying any entry in or explaining any omission from such register, and also to permit such member or officer to make entries in the register or take extracts therefrom, and to make copies of invoices, consignment notes, receipts and other documents, and to permit such member or officer to take possession of any permits issued under these regulations. All registers, permits, invoices or other trade documents relating to entries in the register shall be retained by the Dealer for at least 12 months from the last date entered therein, or from the date thereof, as the case may be.

(11) Every person to whom a permit has been granted to purchase, bring into a scheduled area, or have possession of, any controlled material, shall permit any Officer of Excise or member of the Gárda Síochána to enter the premises where such controlled material is kept, stored or used, and to inspect any controlled material found on such premises, and shall open all casks, packages, boxes and cases which such Officer of Excise or member of the Gárda Síochána requests him to open, and shall permit such officer or member to inspect and examine the contents of the casks, packages, boxes and cases so opened.

(12) Save where the Minister otherwise directs, the following persons are hereby declared to be disentitled to hold a permit under these Regulations, other than a permit to purchase and have possession of controlled material for consumption or use on the premises of the permit-holder, namely:—

( a ) Any person convicted of an offence against the Illicit Distillation Act, 1831, or under paragraph 10 of the second part of the Schedule to the Public Safety (Emergency Powers) Act, 1923 , or under paragraph 11 or 12 of the second part of the Schedule to the Public Safety (Punishment of Offences) Temporary Act, 1924 , or against the provisions of any Statute relating to the unlawful possession of illicit spirits.

( b ) Any person convicted of an offence under Section 26 of the Intoxicating Liquor (General) Act, 1924 .

( c ) Any person failing to comply with the provisions of these Regulations.

(13) A person who shall obtain a permit to purchase any controlled material for consumption or use on his own premises and who shall part with the possession of such controlled material to any other person or persons, shall, unless the Minister otherwise directs, be ineligible to hold such a permit for a period of three years from the parting with such possession as aforesaid.

(14) These Regulations may be cited as "The Prevention of Illicit Distillation Regulations, 1925."

Given under my Hand and Seal, this 21st day of

August, 1925.

(Signed), C. O h-UIGIN,

Aire Dlí agus Cirt.2

SCHEDULE

SAORSTÁT EIREANN.

PREVENTION OF ILLICIT DISTILLATION REGULATIONS, 1925.

APPLICATION TO PURCHASE CONTROLLED MATERIAL FOR CONSUMPTION OR USE ON THE PREMISES OF APPLICANT.

I, of

hereby apply to you for a permit to purchase from (set out name and address of dealer) and have possession of (give full detailed particulars of controlled material required) for consumption or use on my own premises.

Dated this day of 19 .

Signed...................................

To the Sergeant of the Gárda Síochána,

II.

SAORSTÁT EIREANN.

PREVENTION OF ILLICIT DISTILLATION REGULATIONS 1925.

PERMIT TO PURCHASE AND HAVE POSSESSION OF CONTROLLED MATERIAL FOR CONSUMPTION OR USE ON PREMISES OF PERMIT HOLDER.

No.........

of is hereby authorised to purchase from (set out name and address of dealer) and have possession of (set out detailed description of controlled material) for use or consumption on his own premises.

Dated this day of 19 .

Signed. . . . . . . . . . . . . . . . . . . . . . .

Sergeant, Gárda Síochána.

N.B.—The permit to sell attached hereto must be delivered to the dealer named therein and retained by him.

III.

SAORSTÁT EIREANN.

PREVENTION OF ILLICIT DISTILLATION REGULATIONS, 1925.

PERMIT TO SELL CONTROLLED MATERIAL FOR CONSUMPTION OR USE ON PREMISES OF PURCHASER.

No.........

of is hereby authorised to purchase from (set out name and address of dealer) and have possession of (set out detailed description of controlled material) for use or consumption on his own premises.

Dated this day of 19 .

Signed . . . . . . . . . . . . . . . . . . . . .

Sergeant, Gárda Síochána.

IV.

SAORSTÁT EIREANN.

PREVENTION OF ILLICIT DISTILLATION REGULATIONS, 1925.

APPLICATION TO HAVE POSSESSION OF CONTROLLED MATERIAL OR TO PURCHASE AND/OR BRING ANY CONTROLLED MATERIAL INTO A SCHEDULED AREA.

I, , of

hereby apply to you for a permit to purchase from (set out name of dealer) and/or bring to (set out place) by (set out mode of transport) or have possession of the following controlled materials, namely (give full description of controlled material required), for the purpose of (set out whether sale by retail or other purpose).

Dated this day of 19 .

Signed...........................,

To the Superintendent, Gárda Síochána,

SAORSTÁT EIREANN.

PREVENTION OF ILLICIT DISTILLATION REGULATIONS, 1925.

PERMIT TO PURCHASE AND/OR BRING CONTROLLED MATERIAL INTO A SCHEDULED AREA.

No.........

of is hereby authorised to purchase from (set out name and address of dealer) and/or bring the following controlled material, namely (set out detailed description of controlled material) by (set out mode of transport) to (set out place), being within a scheduled area for the purpose of (set out purpose).

Dated this day of 19 .

Signed . . . . . . . . . . . . . . . . . . . . . . . .

Superintendent, Gárda Síochána.

N.B.—The original and copy of the permit to sell, attached hereto, must be forwarded to the dealer from whom the goods are being purchased. The original permit should be retained by such dealer, and the copy forwarded with the consignment of goods.

VI.

SAORSTÁT EIREANN.

PREVENTION OF ILLICIT DISTILLATION REGULATIONS 1925.

PERMIT TO SELL CONTROLLED MATERIAL TO BE BROUGHT INTO A SCHEDULED AREA.

No.........

Dated this day of 19 .

Signed. . . . . . . . . . . . . . . . .

Superintendent, Gárda Síochána.

N.B.—The original and copy of this permit to sell must be forwarded to the Dealer from whom the goods are being purchased. The original permit should be retained by such Dealer and the copy forwarded with the consignment of goods.

VII.

SAORSTÁT EIREANN.

PREVENTION OF ILLICIT DISTILLATION REGULATIONS, 1925.

PERMIT TO HAVE POSSESSION OF CONTROLLED MATERIAL.

No.........

of is hereby authorised to have possession of (set out detailed description of controlled material) for the purpose of (set out purpose for which material required).

Dated this day of 19 .

Signed . . . . . . . . . . . . . . . . . . . .

Superintendent, Gárda Síochána.

VIII. (A).

SAORSTÁT EIREANN.

PREVENTION OF ILLICIT DISTILLATION REGULATIONS, 1925.

Date of Transaction

From whom purchased

If not purchased how in possession of Dealer

Description of controlled material, giving full particulars of quantities and distinguishing marks, if any, whether of importation or otherwise

No. of permit held in respect of transaction

VIII. (B).

SAORSTÁT EIREANN.

PREVENTION OF ILLICIT DISTILLATION REGULATIONS, 1925.

Date of Transaction

Name, Address and Occupation of person to whom sold or supplied

Quantity, description and distinguishing marks, if any, whether of importation or otherwise of materials sold or supplied

No. of permit held in respect of transaction

[925]