Tourist Traffic Act 1952


Number 15 of 1952


TOURIST TRAFFIC ACT 1952

REVISED

Updated to 28 December 2016


This Revised Act is an administrative consolidation of the Tourist Traffic Act 1952. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Courts Act 2016 (22/2016), enacted 28 December 2016, and all statutory instruments up to and including Courts Act 2016 (Commencement) Order 2017 (S.I. No. 1 of 2016), made 6 January 2017, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.


Number 15 of 1952


TOURIST TRAFFIC ACT 1952

REVISED

Updated to 28 December 2016


Introduction

This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was passed.

Related legislation

Tourist Traffic Acts 1939 to 2016 : this Act is one of a group of Acts included in this collective citation, to be construed together as one ( National Tourism Development Authority (Amendment) Act 2016 (14/2016), s. 2(2)). The Acts in the group are:

Tourist Traffic Act 1939 (24/1939)

Tourist Traffic Act 1952 (15/1952)

Tourist Traffic Act 1955 (5/1955)

Tourist Traffic Act 1957 (27/1957)

Tourist Traffic Act 1966 (3/1966)

Tourist Traffic Act 1970 (16/1970)

Tourist Traffic Act 1983 (31/1983)

Tourist Traffic Act 1995 (13/1995)

National Tourism Development Authority Act 2003 (10/2003)

National Tourism Development Authority (Amendment) Act 2011 (33/2011)

National Tourism Development Authority (Amendment) Act 2016 (14/2016)

Acts previously included in the group but now repealed are:

Tourist Traffic Act 1946 (14/1946)

Tourist Traffic Act 1959 (27/1959)

Tourist Traffic Act 1961 (37/1961)

Tourist Traffic Act 1963 (22/1963)

Tourist Traffic Act 1968 (29/1968)

Tourist Traffic Act 1972 (28/1972)

Tourist Traffic Act 1975 (26/1975)

Tourist Traffic Act 1979 (22/1979)

Tourist Traffic Act 1987 (11/1987)

Tourist Traffic Act 1998 (45/1998)

Licensing Acts 1833 to 2011: this Act is one of a group of Acts included in this collective citation, to be construed together as one ( Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 1(3)). The Acts in this group are:

Licensing (Ireland) Act 1833 (3 & 4 Will. 4. c. 68)

Licensing (Ireland) Act 1836 (6 & 7 Will. 4. c. 38)

Licensing (Ireland) Act 1855 (18 & 19 Vict. c. 62)

Public House (Ireland) Act 1855 (18 & 19 Vict. c. 114)

Licensing (Ireland) Act 1860 (23 & 24 Vict. c. 35)

Beerhouse (Ireland) Act 1864 (27 & 28 Vict. c. 35)

Beerhouse (Ireland) Act (1864) Amendment Act 1871 (34 & 35 Vict. c. 111)

Licensing Act 1872 (35 & 36 Vict. c. 94)

Licensing Act (Ireland) 1874 (37 & 38 Vict. c. 69)

Beer Licences Regulation (Ireland) Act 1877 (40 & 41 Vict. c. 4)

Beer Dealers’ Retail Licences (Amendment) Act 1882 (45 & 46 Vict. c. 34)

Beer Retailers’ & Spirit Grocers’ Retail Licences (Ireland) Act 1900 (63 & 64 Vict. c. 30)

Licensing (Ireland) Act 1902 (2 Edw. 7 c. 18)

Intoxicating Liquor (General) Act 1924 (62/1924), parts I, II and V

Intoxicating Liquor Act 1927 (15/1927), parts I, II, III, IV, and VI

Intoxicating Liquor Act 1943 (7/1943)

Intoxicating Liquor Act 1946 (33/1946)

Tourist Traffic Act 1952 (15/1952), part VI

Intoxicating Liquor Act 1953 (30/1953)

Intoxicating Liquor Act 1960 (18/1960), in so far as it amends and extends the Licensing Acts 1833 to 1953

Intoxicating Liquor Act 1962 (21/1962), in so far as it amends and extends the Licensing Acts 1833 TO 1960

Intoxicating Liquor Act 1977 (8/1977)

Intoxicating Liquor Act 1981 (5/1981), in so far as it amends the Licensing Acts 1833 to 1977

Intoxicating Liquor (National Concert Hall) Act 1983 (34/1983)

Courts (No. 2) Act 1986 (26/1986), ss. 4 , 6 and 7 and, in so far as they relate to the law on intoxicating liquor, s. 9 and sch. 1

Intoxicating Liquor Act 1988 (16/1988), in so far as it amends and extends the Licensing Acts 1833 to 1986

Irish Horseracing Industry Act 1994 (18/1994), part IX

Intoxicating Liquor Act 1995 (33/1995), other than s. 5(2)

National Cultural Institutions Act 1997 (11/1997), in so far as it amends or extends the Licensing Acts 1833 to 1995

Licensing (Combating Drug Abuse) Act 1997 (33/1997), ss. 2 and 21, in so far as they relate to intoxicating liquor licences and ss. 17 and 20

Intoxicating Liquor Act 1999 (32/1999), in so far as it amends and extends the Licensing Acts 1833 to 1997

Intoxicating Liquor Act 2000 (17/2000), in so far as it amends and extends the Licensing Acts 1833 to 1999

Criminal Justice (Public Order) Act 2003 (16/2003)

Intoxicating Liquor Act 2003 (31/2003), in so far as it amends and extends the Licensing Acts 1833 to 2003

Intoxicating Liquor Act 2004 (34/2004)

Intoxicating Liquor Act 2008 (17/2008), s. 3, part 2 and sch. 1, in so far as they amend and extend the Licensing Acts 1833 to 2004

Intoxicating Liquor (National Conference Centre) Act 2010 (9/2010), s. 1

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 17

Acts previously included in the group but now repealed or spent are:

Intoxicating Liquors (Sale to Children) Act 1886 (49 & 50 Vict. c. 56)

Licensing (Ireland) Act 1905 (5 Edw. 7. c. 3), parts I, II and V

Intoxicating Liquor (Amendment) Act 1929 (14/1929)

Intoxicating Liquor (Amendment) (No. 2) Act 1929 (20/1929)

Acts previously to be construed with the group but no longer in force are:

Intoxicating Liquors (Sale to Children) Act 1901 (1 Edw. 7 c. 27)

Intoxicating Liquor (Occasional Licences) Act 1932 (6/1932)

Annotations

This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions.

An explanation of how to read annotations is available at

www.lawreform.ie/annotations.

Material not updated in this revision

Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.

Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.

A list of legislative changes to any Act, and to statutory instruments from 1997, may be found linked from the page of the Act or statutory instrument at

www.irishstatutebook.ie.

Acts which affect or previously affected this revision

Courts Act 2016 (22/2016)

National Tourism Development Authority (Amendment) Act 2011 (33/2011)

National Tourism Development Authority Act 2003 (10/2003)

Tourist Traffic Act 1998 (45/1998)

Tourist Traffic Act 1995 (13/1995)

Finance Act 1993 (13/1993)

Tourist Traffic Act 1987 (11/1987)

Courts (No. 2) Act 1986 (26/1986)

Tourist Traffic Act 1983 (31/1983)

Tourist Traffic Act 1979 (22/1979)

Tourist Traffic Act 1975(26/1975)

Tourist Traffic Act 1972 (28/1972)

Tourist Traffic Act 1970 (16/1970)

Tourist Traffic Act 1968 (29/1968)

Tourist Traffic Act 1966 (3/1966)

Superannuation and Pensions Act 1963 (24/1963)

Tourist Traffic Act 1963 (22/1963)

Tourist Traffic Act 1961 (37/1961)

Intoxicating Liquor Act 1960 (18/1960)

Tourist Traffic Act 1959 (27/1959)

Tourist Traffic Act 1957 (27/1957)

Tourist Traffic Act 1955 (5/1955)

All Acts up to and including Courts Act 2016 (22/2016), enacted 28 December 2016, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011)

Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 140 of 2011)

Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993)

Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 15 of 1993)

Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 95 of 1987)

Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1986 (S.I. No. 42 of 1986)

Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1980 (S.I. No. 8 of 1980)

Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 1961 (S.I. No. 246 of 1961)

All statutory instruments up to and including Courts Act 2016 (Commencement) Order 2017 (S.I. No. 1 of 2017), made 6 January 2017, were considered in the preparation of this revision.


Number 15 of 1952


TOURIST TRAFFIC ACT 1952

REVISED

Updated to 28 December 2016


ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

1.

Short title and collective citation.

2.

Construction.

3.

Repeals.

PART II.

An Bord Fáilte.

4.

Renaming of Irish Tourist Board.

5.

Functions.

6.

Formation of local development companies.

7.

Erection of notices and fences at, and provision of means of access to, historic sites, etc.

8.

Power to enter on land.

9.

Restrictions of sections 7 and 8.

10.

Non-repayable grant.

11.

Cessation of repayable advances.

12.

Accounts and audit.

13.

Disqualification of member of Oireachtas for membership of Board.

14.

Superannuation of members.

15.

Superannuation of staff.

16.

Amendment of section 4 of Act of 1939.

PART III.

Guarantee of Loans.

17.

Guarantee of loans; and grants for interest charges.

18.

Limitations on guarantees and grants.

19.

Applications.

20.

Fees on applications and on grant or guarantee.

21.

Time limit on giving of guarantees.

22.

Advance from the Central Fund of moneys required for guarantee of loans.

23.

Payment of certain sums into the Exchequer.

24.

Statements and accounts to be laid before the Oireachtas.

PART IV.

Registration of Premises.

25.

Construction.

26.

Payment of registration fee.

27.

Return of application fee.

28.

Amendment of section 30 of Act of 1939.

29.

Amendment of section 30 of Act of 1939.

30.

Amendment of section 31 of Act of 1939.

31.

Extension of sections 33 to 37 of Act of 1939 to occupiers.

32.

Cancellation of registration.

PART V.

Fógra Fáilte.

33.

Fógra Fáilte.

34.

Functions.

35.

Non-repayable grant.

36.

Grants from other sources.

37.

Amendment of Tourist Traffic (Development) Act, 1931.

PART VI.

Licensing of Hotels and Holiday Camps.

Chapter I.

Preliminary.

38.

Construction and collective citation.

39.

Use of map in describing premises.

Chapter II.

Hotels.

40.

Hotel.

41.

Declaration as to fitness and convenience of proposed hotel.

42.

Licensing of hotel.

Chapter III.

Holiday Camps.

43.

Definitions.

44.

Grant of new licence for holiday camp.

45.

Variation of licensed premises.

46.

Prohibited hours.

47.

Provisions applying to Sundays, Christmas Day and Saint Patrick’s Day.

48.

Provisions applying to Good Friday.

49.

Powers of licensee to impose further restrictions.

50.

Certificate for renewal of licence.

51.

Occasional licences.

52.

Special exemption orders.

53.

Provisions of Act of 1927 not applicable to holiday camps.

54.

Apportionment of rateable valuation.

SCHEDULE.

Fógra Fálite.



Number 15 of 1952


TOURIST TRAFFIC ACT 1952

REVISED

Updated to 28 December 2016


AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE ENCOURAGEMENT AND DEVELOPMENT OF THE TOURIST TRAFFIC AND, IN PARTICULAR, TO ESTABLISH A BODY TO ENGAGE IN PUBLICITY IN CONNECTION WITH SUCH TRAFFIC, TO AMEND AND EXTEND THE TOURIST TRAFFIC ACTS, 1939 AND 1946, TO AMEND THE LAW RELATING TO THE LICENSING OF HOTELS AND HOLIDAY CAMPS FOR THE SALE OF INTOXICATING LIQUOR, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [3 rd July, 1952.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Tourism, Culture and Sport” and “Minister for Tourism, Culture and Sport” construed (1.04.2011) by Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 140 of 2011), arts. 2 and 3, in effect as per art. 1(2).

2. (1) The administration and business in connection with the exercise, performance or execution of any functions transferred by Article 3 are transferred to the Department of Transport.

(2) References to the Department of Tourism, Culture and Sport contained in any Act or any instrument made under such Act and relating to any administration and business transferred by paragraph (1) shall, from the commencement of this Order, be read as references to the Department of Transport.

3. (1) The functions vested in the Minister for Tourism, Culture and Sport by or under—

( a) the Tourist Traffic Acts 1939 to 2003,

...

are transferred to the Minister for Transport.

(2) References to the Minister for Tourism, Culture and Sport contained in any Act or instrument made under such Act and relating to any functions transferred by this Article shall, from the commencement of this Order, be read as references to the Minister for Transport.

C2

Application of collectively cited Licensing Acts 1833 to 2008 restricted (21.05.2010) by Intoxicating Liquor (National Conference Centre) Act 2010 (9/2010), s. 1(2) and (5), commenced on enactment.

Sale of intoxicating liquor at National Conference Centre.

1.— (1) In this section—

...

“Licensing Acts” means the Licensing Acts 1833 to 2008;

...

(2) Notwithstanding anything contained in the Licensing Acts, the Revenue Commissioners shall, subject to subsections (8) and (9), on application to them being made in that behalf by the operator of the Convention Centre or a person nominated by such operator, issue a licence for the sale of intoxicating liquor at the Convention Centre.

(5) Notwithstanding anything contained in the Licensing Acts 1833 to 2008, a licence issued or renewed under this section shall operate to authorise—

(a) the sale of intoxicating liquor to persons attending or taking part in a convention event in an area of the Convention Centre for consumption in such area during the period beginning one hour before the commencement of the event, but not earlier than 10.30 a.m., and ending—

(i) one hour after the conclusion of the event or midnight, whichever is the earlier, or

(ii) where the convention event is a reception, dinner, banquet or stage show which is held as part of a conference, congress, convention, seminar or symposium, one hour after the conclusion of the event or 2.00 a.m., whichever is the earlier,

and

(b) subject to section 2 (prohibited hours) and section 5 (special exemption orders) of the Act of 1927, the sale of intoxicating liquor to persons attending or taking part in a non-convention event in an area of the Convention Centre for consumption in such area.

C3

Application of collectively cited Licensing Acts 1833 to 2004 restricted (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 7(4), S.I. No. 286 of 2008.

Grounds on which District Court may refuse to give certificate in respect of new relevant off-licences.

7.— ...

(5) Notwithstanding the Licensing Acts 1833 to 2004—

(a) the District Court may not refuse to give a certificate referred to in subsection (1) on grounds where it has a discretion to so refuse except on the grounds specified in that subsection, and

(b) only a person who falls within paragraph (a) or (b) of subsection (3) in respect of the application concerned may object to the application.

C4

Application of collectively cited Licensing Acts 1833 to 2003 restricted (18.08.2003) by Intoxicating Liquor Act 2003 (31/2003), s. 9(12), S.I. No. 362 of 2003.

Temporary closure of premises.

9.— ...

(12) Nothing in the Acts shall prohibit the Court from ordering that a conviction for an offence to which this section applies be recorded on the licence held by the person so convicted, and accordingly, where the Court so orders, the offence concerned shall be deemed for the purposes of Part III (endorsement of licences) of the Act of 1927 to be an offence to which that Part of that Act applies.

C5

Application of collectively cited Licensing Acts 1833 to 2003 restricted (18.08.2003) by Intoxicating Liquor Act 2003 (31/2003), s. 21(4), S.I. No. 362 of 2003.

Licences to national sporting arenas.

21.— ...

(4) Notwithstanding anything contained in the Acts, a licence issued or renewed under this section shall operate to authorise the sale of intoxicating liquor—

(a) to persons attending an event in the designated national sporting arena concerned for consumption in prescribed areas of the arena during the period beginning at the time members of the public are permitted to attend the event and ending one hour after its conclusion, and

(b) subject to section 2 of the Act of 1927, to persons attending a function in such an arena for consumption in prescribed areas thereof.

C6

Application of collectively cited Licensing Acts 1833 to 1986 restricted by Intoxicating Liquor Act 1988 (16/1988), s. 36A(11), as inserted (6.07.2000) by Intoxicating Liquor Act 2000 (17/2000), s. 13, S.I. No. 207 of 2000.

[Temporary closure of premises.

36A.— ...

(11) Nothing in the Acts shall prohibit the Court from ordering that a conviction for an offence to which this section applies shall be recorded on the licence held by the person so convicted, and accordingly, where the Court so orders, the offence concerned shall be deemed for the purposes of Part III (endorsement of licences) of the Act of 1927 to be an offence to which that Part of that Act applies. ]

C7

Application of collectively cited Licensing Acts 1833 to 1999 restricted (6.07.2000) by Intoxicating Liquor Act 2000 (17/2000), s. 19(2), S.I. No. 207 of 2000.

Upgrading of restricted licences.

19.— ...

(2) Notwithstanding anything contained in the Acts or this Act, the Revenue Commissioners shall, on application within one year after the commencement of this section by a person who holds a restricted licence in respect of any premises and subject to the conditions set out in subsection (4), issue to that person a full licence in respect of the premises.

C8

Application of collectively cited Licensing Acts 1833 to 1999 restricted (6.07.2000) by Intoxicating Liquor Act 2000 (17/2000), s. 23(2), S.I. No. 207 of 2000.

Licensing of authorised events at racecourses and greyhound race tracks.

23.— ...

(2) Notwithstanding anything contained in the Acts or this Act, a licence under the Acts for the sale of intoxicating liquor at an authorised racecourse or a greyhound race track for consumption at the racecourse or race track shall operate, while the licence is in force, to authorise—

(a) the sale and consumption of intoxicating liquor,

(b) the keeping open of premises for such sale, and

(c) the permitting of such consumption,

on the occasion of an authorised event at the racecourse or race track during the period—

(i) beginning at the time at which the public are permitted admission to the authorised event (but not before 10.30 a.m.), and

(ii) ending thirty minutes after the conclusion of the authorised event or, as the case may be, 30 minutes after the conclusion of the proceedings on each day on which it takes place,

but during no other period.

C9

Application of collectively cited Licensing Acts 1833 to 1999 restricted (6.07.2000) by Intoxicating Liquor Act 2000 (17/2000), s. 38, S.I. No. 207 of 2000.

Documents to accompany certain applications.

38.— Notwithstanding anything contained in the Acts or this Act, the Revenue Commissioners shall refuse to grant an application for a licence, renewal of a licence or transfer of a licence—

(a) by or on behalf of a limited liability company, unless the application is accompanied by a certificate of the incorporation of the company, certified by the registrar of companies under section 370 (1)(b) of the Companies Act, 1963, and dated not earlier than four weeks before the date of the application, or

(b) by or on behalf of a person carrying on business under a name that is not that of the beneficial owner of the business, unless the application is accompanied by a copy of a certificate of registration under the Registration of Business Names Act, 1963, certified in accordance with section 16(1)(b) of that Act.

C10

Application of collectively cited Licensing Acts 1833 to 1988 restricted (1.12.1994) by Irish Horseracing Industry Act 1994 (18/1994), ss. 65 and 66, S.I. No. 392 of 1994.

Licensing of sale of intoxicating liquor at race-fixtures.

65.— (1) It shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing Acts, 1833 to 1988, on the application to them of the executive of an authorised racecourse, to grant to the executive, or a person nominated by the executive—

(a) a licence for the sale of intoxicating liquor at the authorised racecourse for consumption at the racecourse, and

(b) a renewal of a licence granted under this section.

...

Restrictions of certain provisions of Licensing Acts, 1833 to 1988.

66.— Sections 4 and 5 and Part III of the Intoxicating Liquor Act, 1927, and the provisions, in relation to prohibited hours, of the Licensing Acts, 1833 to 1988, shall not apply to an authorised racecourse in respect of which a licence has been granted under section 65.

C11

Application of collectively cited Licensing Acts 1833 to 1986 restricted (1.07.1988) by Intoxicating Liquor Act 1988 (16/1988), s. 9(1), S.I. No. 146 of 1988.

Grant of special restaurant licence.

9.— (1) Notwithstanding anything contained in the Acts, where a person (in this section referred to as the applicant) who is the owner and occupier of a restaurant applies to the Revenue Commissioners in that behalf, the Revenue Commissioners shall, provided that the applicant—

(a) produces to them a certificate of the Circuit Court given to that applicant under section 8 of this Act in respect of the restaurant, and

(b) pays to them a fee of £3,000, or such other amount as may stand specified for the time being in regulations made by the Minister after consultation with the Minister for Tourism and Transport,

grant to the applicant a special restaurant licence in respect of the restaurant.

...

C12

Application of collectively cited Licensing Acts 1833 to 1981 restricted (13.12.1983) by Intoxicating Liquor (National Concert Hall) Act 1983 (34/1983), ss. 2 and 3, commenced on enactment.

Grant of special restaurant licence.

2.— (1) Notwithstanding anything contained in the Acts, the Revenue Commissioners shall, on application to them by the Company, grant to the Company, or a person nominated by it, a licence for the sale of intoxicating liquor at the Concert Hall.

...

Restriction of certain provisions of Licensing Acts, 1833 to 1981.

3.— Sections 4 and 5 and Part III of the Intoxicating Liquor Act, 1927, section 11 of the Intoxicating Liquor Act, 1962, and the provisions, in relation to prohibited hours, of the Acts shall not apply in relation to the Concert Hall.

C13

Term “holiday apartment” defined (15.11.1983) by Tourist Traffic Act 1983 (31/1983), s. 1(2), commenced on enactment.

Interpretation.

1.— ...

(2) For the purposes of the Tourist Traffic Acts, 1939 to 1983, “holiday apartment” shall include a tourist apartment, an apartotel and a holiday flat.

C14

References in the collectively cited Licensing Acts 1833 to 1977 construed (15.04.1981) by Intoxicating Liquor Act 1981 (5/1981), s.1, commenced on enactment.

Dublin Metropolitan District.

1.—Any references in the Licensing Acts, 1833 to 1977, or the Registration of Clubs Acts, 1904 to 1962, to the Dublin Metropolitan District shall be deemed to be references to the district court district that, upon the commencement of the Intoxicating Liquor Act, 1962, stood styled and known, by virtue of the District Court Districts (Dublin) Order, 1945 (S.R. & O., No. 279 of 1945), as the Dublin Metropolitan District.

C15

Term “holiday cottage” defined (5.08.1970) by Tourist Traffic Act 1970 (16/1970), s. 1(2), commenced on enactment.

Interpretation.

1.— ...

(2) For the purposes of the Tourist Traffic Acts, 1939 to 1970, “holiday cottage” shall include a holiday house, a holiday home and a holiday villa.

C16

Application of collectively cited Licensing Acts 1833 to 1960 restricted (4.08.1962) by Intoxicating Liquor Act 1962 (21/1962), s. 7(1)(a), commenced as per s. 36(3), as amended (22.06.1988) by Intoxicating Liquor Act 1988 (16/1988), s. 27, commenced on enactment.

Time for consumption of intoxicating liquor supplied during permitted hours.

7.— (1)(a) Nothing in the Licensing Acts shall operate to prohibit a person from being on, or consuming, or permitting the consumption of, intoxicating liquor on, premises in respect of which an on-licence within the meaning of the Act of 1927 is in force during the period of [thirty minutes ] commencing at the beginning of a period during which the sale of intoxicating liquor on licensed premises is prohibited.

...

C17

Application of collectively cited Licensing Acts 1833 to 1960 modified (4.08.1962) by Intoxicating Liquor Act 1962 (21/1962), s. 11(8) and (9), commenced as per s. 36(3).

Occasional licences.

11.— ...

(8) An occasional licence shall operate to exempt the person to whom it is granted (if and so long as he complies with the conditions subject to which it is granted and the special event for which the licence is granted is held in compliance with the relevant provisions of subsections (2) and (10) of this section) from the provisions of the Licensing Acts relating to the sale and supply of intoxicating liquor at the place and during the time for which the licence is granted.

(9) The provisions of the Licensing Acts requiring an offence to be endorsed on a licence shall not apply to an offence committed in respect of an occasional licence.

...

C18

Application of collectively cited Licensing Acts 1833 to 1960 restricted (4.08.1962) by Intoxicating Liquor Act 1962 (21/1962), s. 17(6), commenced as per s. 36(3).

Exemptions for unlicensed business on Sunday mornings.

17.—...

(6) Notwithstanding anything contained in the Licensing Acts, the opening or keeping open of premises pursuant to an order under this section shall not be deemed to be an opening or keeping open of the premises for the sale of intoxicating liquor.

...

C19

Application of collectively cited Licensing Acts 1833 to 1960 restricted (4.08.1962) by Intoxicating Liquor Act 1962 (21/1962), s. 18(1), commenced as per s. 36(3).

Licences for greyhound race tracks.

18.—(1) It shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing Acts, to grant, on the application of the holder of a greyhound race track licence, to such holder, or a person nominated by him—

(a) a licence for the sale of intoxicating liquor at the race track to which the greyhound race track licence relates for consumption at the race track, and

(b) a renewal of a licence granted to such holder or person pursuant to this section in respect of such race track.

...

C20

Application of collectively cited Licensing Acts 1833 to 1960 restricted (4.08.1962) by Intoxicating Liquor Act 1962 (21/1962), s. 27(1), commenced as per s. 36(3).

Liqueur chocolates.

27.—(1) Nothing in the Licensing Acts (other than this section) or in any enactment requiring the authority of an excise licence for the sale or supply of intoxicating liquor shall have effect in relation to intoxicating liquor that is in confectionery if the confectionery—

(a) does not contain intoxicating liquor in a proportion greater than one-fiftieth of a gallon of liquor (computed as proof spirit) per pound of the confectionery, and

(b) either consists of separate pieces each of which weighs not more than one and one-half ounces or is designed to be broken into such pieces for the purposes of consumption.

...

C21

References in the collectively cited Licensing Acts 1833 to 1960 construed (4.08.1962) by Intoxicating Liquor Act 1962 (21/1962), s. 35(1) and (2), commenced as per s. 36(3).

Dublin Metropolitan District.

35.—(1) References in the Licensing Acts to the Dublin Metropolitan Area shall be deemed to be references to the Dublin Metropolitan District.

(2) The county borough of Dublin shall be deemed, for the purposes of the Licensing Acts, to include the whole of the Dublin Metropolitan District and such borough and District shall be deemed, for the purposes of those Acts, to be a city.

...

C22

Application of collectively cited Licensing Acts 1833 to 1946 restricted (1.01.1955) by Defence Act 1954 (18/1954), s. 314, S.I. No. 233 of 1954.

Grant of excise licence for military canteens.

314.—Notwithstanding anything contained in the Licensing Acts, 1833 to 1946, or any other enactment, it shall not be necessary for a person holding a canteen under the authority of the Minister to obtain a certificate from a Justice of the District Court to enable him to obtain or hold any excise licence under the said Acts for the sale of intoxicating liquors, and such excise licence may be granted to him accordingly.

C23

Application of collectively cited Licensing Acts 1833 to 1943 restricted (17.12.1946) by Intoxicating Liquor Act 1946 (33/1946), ss. 2 and 3, commenced on enactment.

Grant and renewal of licences in respect of premises in a bog.

2.— ...

(2) On presentation to the Revenue Commissioners of a certificate issued by the Minister under subsection (1) of this section, the Revenue Commissioners shall, notwithstanding anything contained in the Licensing Acts, 1833 to 1943, grant to the person named in that behalf in the certificate an on-licence in respect of the premises specified in that behalf in the certificate.

...

(4) On presentation to the Revenue Commissioners of a certificate issued by the Minister under subsection (3) of this section, the Revenue Commissioners shall, notwithstanding anything contained in the Licensing Acts, 1833 to 1943, grant a renewal of the said on-licence to the holder thereof.

Transfer and variation of licences in respect of premises in a bog.

3.— ...

(2) On presentation to the Revenue Commissioners of a certificate issued by the Minister under subsection (1) of this section, the Revenue Commissioners shall, notwithstanding anything contained in the Licensing Acts, 1833 to 1943, transfer the on-licence to which the certificate relates to the person specified in that behalf in the certificate.

...

(4) On presentation to the Revenue Commissioners of a certificate issued by the Minister under subsection (3) of this section, the Revenue Commissioners shall, notwithstanding anything contained in the Licensing Acts, 1833 to 1943, amend the on-licence to which such certificate relates in accordance with the approval of the Minister as stated in the certificate.

C24

Application of collectively cited Licensing (Ireland) Acts 1833 to 1929 restricted (14.04.1943) by Intoxicating Liquor Act, 1943 (7/1943), ss. 25 and 26, commenced on enactment.

Grant and renewal of licences in respect of premises in an aerodrome.

25.— ...

(2) On presentation to the Revenue Commissioners of a certificate issued by the Minister under the foregoing sub-section of this section, it shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing (Ireland) Acts, 1833 to 1929, to grant to the person named in that behalf in the said certificate an on-licence in respect of the premises specified in that behalf in the said certificate.

...

(4) On presentation to the Revenue Commissioners of a certificate issued by the Minister under the next preceding sub-section of this section, it shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing (Ireland) Acts, 1833 to 1929, to grant a renewal of the said on-licence to the holder thereof.

Transfer and variation of licences in respect of premises in an aerodrome.

26.— ...

(2) (2) On presentation to the Revenue Commissioners of a certificate issued by the Minister under the foregoing sub-section of this section, it shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing (Ireland) Acts, 1833 to 1929, to transfer the on-licences to which such certificate relates to the person specified in that behalf in such certificate.

...

(4) On presentation to the Revenue Commissioners of a certificate issued by the Minister under the next preceding sub-section of this section, it shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing (Ireland) Acts, 1833 to 1929, to amend the on-licence to which such certificate relates in accordance with the approval of the Minister as stated in such certificate.

C25

Application of collectively cited Licensing (Ireland) Acts 1833 to 1929 restricted (14.04.1943) by Intoxicating Liquor Act, 1943 (7/1943), s. 29(1), commenced on enactment.

Licences for sale of intoxicating liquor on aircraft in flight.

29.— (1) It shall be lawful for the Revenue Commissioners, notwithstanding anything contained in the Licensing (Ireland) Acts, 1833 to 1929, to grant to any air transport concern a licence for the sale of intoxicating liquor to passengers on an aircraft owned or hired by that concern for consumption while such aircraft is in flight.

C26

Fines and penalties under collectively cited Licensing (Ireland) Acts 1833 to 1905 modified (27.12.1924) by Intoxicating Liquor (General) Act 1924 (62/1924), s. 30, commenced on enactment.

Increase of fines under Acts relating to licensing and illicit distillation.

30.—All and every fine or other money penalty imposed by any of the Licensing (Ireland) Acts, 1833 to 1905, or the Illicit Distillation (Ireland) Act, 1831, the Spirits (Ireland) Act, 1854, the Spirits (Ireland) Act, 1855, or the Spirits (Ireland) Act, 1857, or authorised by any of those Acts to be imposed, shall, on and after the passing of this Act, be and the same are hereby increased to double the amounts respectively mentioned in those Acts.

C27

Application of collectively cited Licensing (Ireland) Acts 1833 to 1905 modified (10.07.1924) by Dublin Reconstruction (Emergency Provisions) Act 1924 (24/1924), s. 10, commenced on enactment.

Provisions as to licences.

10.—In the case of any public-house, hotel, or other licensed premises in the City of Dublin, which have been destroyed or damaged in the recent disturbances, and in which business has in consequence been suspended during the period of rebuilding or restoration, the licence (for the purposes of renewal and any certificates required for renewal but for no other purpose) shall be deemed to continue in force up to the time of the completion of such rebuilding or restoration, and to be vested in the person legally entitled to the said premises, and it shall be competent for such person to apply for any justices' certificate required for renewal, and for the court to consider such application, although the same may not be made to the annual licensing petty sessions. Any certificate as to the conduct of the business, required for the purposes of renewal, shall be a certificate as respects the conduct of the business during the period between the date of the last renewal and the destruction of or damage to the premises, and the Licensing (Ireland) Acts, 1833 to 1905, shall be deemed to be amended accordingly.

Editorial Notes:

E1

Procedure for upgrading certain licenses under collectively cited Licensing Acts 1833 to 1999 prescribed (6.07.2000) by Intoxicating Liquor Act 2000 (17/2000), s. 20(2) and (3), S.I. No. 207 of 2000.

E2

Provisions for notification of fire authority in relation to applications for grant or renewal of licenses under collectively cited Licensing Acts 1833 to 1981 prescribed (1.04.1982) by Fire Services Act 1981 (30/1981), s. 24, S.I. No. 430 of 1981, and as amended (22.07.1988) by Courts (No. 2) Act 1986, s. 9 and sch. 1, S.I. 176 of 1988.

E3

Criteria for assessing whether meal is substantial for purposes of collectively cited Licensing Acts 1833 to 1960 prescribed (4.08.1962) by Intoxicating Liquor Act 1962 (21/1962), s. 9, commenced as per s. 36(3).

E4

Exemptions from collectively cited Licensing Acts 1833 to 1960 provided (4.08.1962) by Intoxicating Liquor Act 1962 (21/1962), ss. 10, 16 and 17, commenced as per s. 36(3).

E5

Certain licenses deemed to be in force for purposes of collectively cited Licensing Acts 1833 to 1960 by Intoxicating Liquor Act 1960 (18/1960), s. 17(1), as substituted (4.08.1962) by Intoxicating Liquor Act 1962 (21/1962), s. 32, commenced as per s. 36(3).

E6

Power to temporarily transfer a licence upon death of holder deemed, for purposes of collectively cited Licensing Acts 1833 to 1960, to include power to transfer licence to any person nominated by executor or administrator (4.08.1962) by Intoxicating Liquor Act 1962 (21/1962), s. 34, commenced as per s. 36(3).

E7

Previous affecting provision: application of collectively cited Licensing (Ireland) Acts 1833 to 1924 restricted by Intoxicating Liquor Act 1927 (15/1927), s. 3(2), as inserted (6.07.2000) by Intoxicating Liquor Act 2000 (17/2000), s. 4(b), S.I. No. 207 of 2000; repealed (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 3, S.I. No. 286 of 2008.

E8

Previous affecting provision: application of collectively cited Licensing (Ireland) Acts 1833 to 1997 restricted (31.12.1999) by Intoxicating Liquor Act 1999 (32/1999), s. 1, commenced as per section; ceased (1.01.2000) as per section.

E9

Previous affecting provision: functions transferred and references to “Department of Labour” and “Minister for Labour” construed (20.01.1993) by Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 18 of 1993), arts. 3 and 4, commenced on enactment; superseded as per C-note above.

E10

Previous affecting provision: functions transferred and references to “Department of Tourism, Transport and Communications” and “Minister for Tourism, Transport and Communications” construed (20.01.1993) by Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1993 (S.I. No. 15 of 1993), arts. 3 and 4, commenced on enactment; superseded as per C-note above.

E11

Previous affecting provision: functions transferred and references to “Department of the Marine” and “Minister for the Marine” construed (31.03.1987) by Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1987 (S.I. No. 95 of 1987), arts. 3 and 4, in effect as per art. 1(2); superseded as per C-note above.

E12

Previous affecting provision: functions transferred and references to “Department of Industry, Trade, Commerce and Tourism” and “Minister for Industry, Trade, Commerce and Tourism” construed (18.02.1986) by Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1986 (S.I. No. 42 of 1986), arts. 3 and 4, in effect as per art. 1(2); superseded as per C-note above.

E13

Previous affecting provision: functions transferred and references to “Department of Tourism and Transport” and “Minister for Tourism and Transport” construed (24.01.1980) by Tourism (Transfer of Departmental Administration and Ministerial Functions) Order 1980 (S.I. No. 8 of 1980), arts. 3 and 4, in effect as per art. 1(2); superseded as per C-note above.

E14

Previous affecting provision: functions transferred and references to “Department of Industry and Commerce” and “Minister for Industry and Commerce” construed (31.10.1961) by Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 1961 (S.I. No. 246 of 1961), arts. 3 and 4, commenced on enactment; superseded as per C-note above.

E15

Previous affecting provision: application of collectively cited Licensing (Ireland) Acts 1833 to 1960 restricted (4.07.1960) by Intoxicating Liquor Act 1960 (15/1927), s. 27(4), commenced on enactment, as amended (4.08.1962) by Intoxicating Liquor Act 1962 (21/1962), s. 33, commenced as per s. 36(3); ceased to be in force (4.07.1963) as per subsection.

E16

Previous affecting provision: application of collectively cited Licensing (Ireland) Acts 1833 to 1929 restricted (14.04.1943) by Intoxicating Liquor Act 1943 (7/1943), s. 30(4), commenced on enactment; repealed (1.03.1956) by Gaming and Lotteries Act 1956 (2/1956), s. 3 and sch., S.I. No. 18 of 1956.

E17

Previous affecting provision: application of collectively cited Licensing (Ireland) Acts 1833 to 1929 restricted (18.06.1932) by Eucharistic Congress (Miscellaneous Provisions) Act 1932 (7/1932), s. 12(1), commenced as per subsection; ceased (1.07.1932) as per subsection.

E18

Previous affecting provision: application of collectively cited Licensing (Ireland) Acts 1833 to 1905 extended (27.12.1924) by Intoxicating Liquor (General) Act 1924 (62 of 1924), s. 17, commenced on enactment; repealed (20.05.1927) by Intoxicating Liquor Act 1927 (15/1927), s. 63 and sch., commenced on enactment.