S.I. No. 159/2007 - Intoxicating Liquor Act 1988 (Age Card) Regulations 2007


STATUTORY INSTRUMENTS

S.I. No. 159 of 2007

INTOXICATING LIQUOR ACT 1988 (AGE CARD) REGULATIONS 2007

I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 40 of the Intoxicating Liquor Act 1988 (No. 16 of 1988), as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order 1997 (S.I. No. 298 of 1997), hereby make the following regulations:

Citation.

1.         These Regulations may be cited as the Intoxicating Liquor Act 1988 (Age Card) Regulations 2007.

Definitions.

2.         In these Regulations -

“age card” means a card issued under these Regulations;

“applicant” means a person who makes an application for an age card or a replacement age card under these Regulations;

“Commissioner” means the Commissioner of the Garda Síochána;

“designated member” means the member of the Garda Síochána who is designated by the Commissioner to manage the procedures for the preparation and, where appropriate, the issue of age cards;

“District Officer” means the Superintendent of the Garda Síochána in charge of the Garda Síochána district;

“Garda Síochána Community Relations Section” means the Garda Síochána Community Relations Section situated at Harcourt Square, Dublin 2;

“issuing body” has the meaning assigned to it by Regulation 4(1);

“member in charge” in relation to a Garda Síochána station means the member of the Garda Síochána who is in charge of the station at a time when the member in charge of the station is required to do anything or cause anything to be done pursuant to these Regulations;

“Regulations of 1999” means the Intoxicating Liquor Act 1988 (Age Card) Regulations 1999 (S.I. No. 4 of 1999).

Application and authentication.

3.         (1)       A person who has attained the age of 18 years may apply for an age card.

(2)        The applicant shall present in person his or her application in writing to the member in charge of the Garda Síochána station for the area in which the applicant normally resides.

(3)        The application shall be in the form specified in the Schedule to these Regulations and be accompanied by:

(a)        the applicant's birth certificate or Garda National Immigration Bureau (GNIB) card;

(b)       at least one other document which confirms the identity of the applicant;

(c)        2 recent identical passport size photographs of the head and shoulders of the applicant; and

(d)        a fee of €10.

(4)        If the member in charge is satisfied as to the identity of the applicant and that he or she has attained the age of 18 years, the member shall authenticate the application by:

(a)        countersigning the application form;

(b)        endorsing each of the two photographs of the applicant; and

(c)        stamping the application form with the official stamp of the Garda Síochána station.

(5)        If the member in charge is not satisfied, on the basis of the application, as to the identity of the applicant, or that he or she has attained the age of 18 years, the member shall make whatever other reasonable enquiries he or she deems necessary or shall request the applicant to provide whatever information the member reasonably deems necessary, to establish the identity or verify the age of the applicant.

(6)        Where the member in charge is satisfied, on the basis of enquiries made or information provided under paragraph (5), as to the identity of the applicant and that he or she has attained the age of 18 years, the member shall authenticate the application under paragraph (4).

(7)        When the member in charge has authenticated the application, he or she shall forward the countersigned application form together with the photographs endorsed by him or her under paragraph (4)(b) and the fee to the District Officer, who shall dispatch the application form and photographs to the issuing body.

(8)        Where the member in charge is satisfied as to the identity of the applicant and that he or she has attained 18 years of age, the member shall return the birth certificate and other documents of identity which accompanied the application to the applicant.

(9)        Where, having made enquiries or requested information under paragraph (5), the member in charge is not satisfied as to the identity of the applicant or that he or she has attained 18 years of age, the member shall -

(a)        refuse to authenticate the application under paragraph (4), and

(b)        return the application form and the photographs and birth certificate, other documents of identity and the fee which accompanied the application to the applicant.

Preparation and issue of age cards.

4.         (1)        The Commissioner shall enter into an arrangement with a body, to be known as the “issuing body”, whereby the body concerned shall prepare and issue age cards on behalf of the Garda Síochána.

(2)        An age card prepared by the issuing body shall be prepared in accordance with paragraphs (3) and (4).

(3)        An age card so prepared shall have on its front the following:

(a)        the name of the applicant,

(b)        the date of birth of the applicant,

(c)        a photograph of the applicant endorsed by the member in charge, and

(d)        one or more than one security features, including a hologram, deemed by the designated member to be desirable to prevent forgery or alteration of or tampering with an age card.

(4)        An age card shall have the following words printed on its back:

This card has been issued with the agreement of An Garda Síochána in accordance with Regulations made by the Minister for Justice, Equality and Law Reform under section 40 of the Intoxicating Liquor Act 1988, in order to confirm that the person to whom it has been issued has attained the legal age for the purchase of intoxicating liquor. It does not confer on the holder the right of entry to any licensed premises.

Eisíodh an t-aoischárta seo le comhaontú An Garda Síochána de réir Rialachán arna ndéanamh ag an Aire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí faoi alt 40 den Acht Deochanna Meisciúla 1988, d'fhonn a dhaingniú go bhfuil an aois dhlíthiúil chun deochanna meisciúla a cheannach slánaithe ag an duine ar eisíodh chuige nó chuici é. Ní thugann sé an ceart don sealbhóir dul isteach in aon áitreabh ceadúnaithe.”

(5)        As soon as practicable after an age card has been prepared, the issuing body shall -

(a)        issue an age card to the applicant, and

(b)        send the application form and the documents which accompanied the application to the designated member with confirmation that an age card has been issued to the applicant.

(6)        The designated member shall cause the documents referred to in paragraph (5)(b) to be furnished to be furnished to the Garda Síochána Community Relations Section.

(7)        The Garda Síochána Community Relations Section shall retain the application form together with a photograph of the applicant as part of its records for a period of 3 years, after which period of time the records in question shall be destroyed.

Application for replacement age card.

5.         (1)        A person who has not attained the age of 21 years and is in possession of an age card issued to him or to her under the Regulations of 1999 may apply in writing for an age card under these Regulations to replace that card.

(2)        An applicant for a replacement age card shall present in person his or her application in writing to the member in charge of the Garda Síochána station for the area in which the applicant normally resides.

(3)        The application shall be in the form specified in the Schedule to these Regulations and be accompanied by -

(a)        the age card previously issued to the applicant before the commencement of these Regulations, and

(b)        2 recent identical passport size photographs of the head and shoulders of the applicant.

(4)        If the member in charge is satisfied that the age card concerned was issued to the applicant under the Regulations of 1999, the member in charge shall authenticate the application by -

(a)        countersigning the application form, and

(b)        stamping the application form with the official stamp of the Garda Síochána station.

(5)        If the member in charge is not satisfied that the age card concerned was issued to the applicant under the Regulations of 1999, the member shall make whatever reasonable enquiries he or she deems necessary or shall request the applicant to provide whatever reasonable information the member deems reasonably necessary to satisfy the member that the age card was issued to the applicant under those Regulations.

(6)        Where the member in charge is satisfied, on the basis of enquiries made or information provided under paragraph (5), that the age card concerned was issued to the applicant under the Regulations of 1999, the member shall authenticate the application in accordance with paragraph (4).

(7)        Where, having made enquiries and requested information under paragraph (5), the member in charge is not satisfied that the age card concerned was issued to the applicant under the Regulations of 1999, he or she shall -

(a)        refuse to authenticate the application under paragraph (4), and

(b)        retain the card.

(8)        Where the member in charge has authenticated the application, he or she shall forward the authenticated application form and the age card previously issued to the applicant to the District Officer, who shall dispatch the application form to the issuing body.

(9)        The issuing body shall prepare and issue a replacement age card to the applicant in accordance with paragraphs (3) to (5) of Regulation 4.

Revocation.

6.         The Intoxicating Liquor Act 1988 (Age Card) Regulations 1999 (S.I.No.4 of 1999) are revoked.

SCHEDULE

National Age Card Application Form

NEW CARD

REPEAT CARD

1. Name of Applicant

First Name

Last Name

2. Applicant's Date of Birth

3. Sex (Please tick Male or Female) Male    □          Female          □

4. Applicant's Permanent Address

5. Applicant's Telephone Number:

Contact Tel. No. 1

Contact Tel. No. 2

6. Signature of Applicant

(Please only sign in the presence of a Garda)

Fee amount enclosed: €

To be completed at a Garda Station by a member of An Garda Síochána

Method by which identification was verified:

Garda Station Code:

Date sent to District Office:

Station Stamp

Affix

 

photograph here

Maximum size 35 × 45 mm

Processing Member Signature:

Processing Member (BLOCK LETTERS):

Processing Member Number:

To be completed at District Office

Date received at District Office:

Date sent to Processing Centre:

National Age Card Receipt

Fee amount received: €

First Name

Last Name

Applicant's Signature

(Please only sign in the presence of a Garda)

National Age Card Receipt (Garda Station Copy)

To be completed by the Processing Member

□ 1. Has the application form and photo been stamped with Station Stamp?

□ 2. Has the receipt been issued to the applicant?

□ 3. Has the Birth Certificate and/or other forms of identification been verified?

□ 4. Have all forms of identification been returned to the applicant?

□ 5. Has the photo been affixed to the application form?

Date sent to District Office:

Processing Member Signature:

Processing Member (BLOCK LETTERS):

Processing Member Number:

Fee amount enclosed: €

Station Stamp

National Age Card Receipt (District Office Copy)

To be completed at District Office

Date received at District Office:

Date sent to Processing Centre:

Fee amount received: €

Reviewed by:

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GIVEN under my Official Seal,

23rd April 2007.

 

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Minister for Justice, Equality and Law Reform.