Civil Law (Miscellaneous Provisions) Act 2021

Direction of member of Garda Síochána

3. (1) A member who suspects, with reasonable cause, that a specified person is not complying with—

(a) a provision of the Licensing Acts, the Registration of Clubs Acts or this Act applicable to an outdoor seating area, or

(b) an authorisation,

may, for the purposes of ensuring compliance, direct the specified person to take such steps as the member considers necessary to comply with the provision or the authorisation, as the case may be.

(2) A person who, without reasonable excuse, fails or refuses to comply with a direction under subsection (1) shall be guilty of an offence.

(3) A member may request a licensee to produce the authorisation, or proof of the authorisation, in force in respect of an outdoor seating area and to produce satisfactory proof, in relation to an outdoor seating area on private land, that the area concerned is owned, or occupied by way of a lease or licence, by the licensee.

(4) A person who, without reasonable excuse, fails or refuses to produce the authorisation or proof when requested to do so under subsection (3) is guilty of an offence.

(5) A member who has reasonable grounds for believing that a person is committing or has committed an offence under this section may require the person to state his or her name and address.

(6) A person who fails or refuses to state his or her name and address in compliance with a requirement under subsection (5), or who, in purported compliance with such a requirement, states a name or address that is false or misleading, shall be guilty of an offence.

(7) A member may arrest without warrant any person whom the member has reasonable cause for believing has committed an offence under this section.

(8) A person who is guilty of an offence under this section is liable on summary conviction to a class C fine or to imprisonment for a term not exceeding 6 months, or both.

(9) For the avoidance of doubt, the powers of a member under this section are in addition to any other powers a member has in relation to an outdoor seating area by or under the Licensing Acts or the Registration of Clubs Acts (by virtue of the operation of section 2 ) or any other enactment.

(10) In this section—

“member” means a member of the Garda Síochána;

“specified person”, in relation to a licensed premises, means—

(a) the licensee of the premises,

(b) the occupier of the premises,

(c) the manager of the premises, or

(d) any other person for the time being in charge of the premises.