Civil Law (Miscellaneous Provisions) Act 2011

17.

Codes of practice.

17.— (1) In this section—

“Act of 1986” means the Courts (No. 2) Act 1986;

“code of practice” includes part of a code of practice;

“licence” means a licence for the sale of intoxicating liquor, whether granted on production or without production of a certificate of the Circuit Court or the District Court;

“licensee” means the holder of a licence;

“licensed premises” means premises in respect of which a licence is in force and, in relation to a licensee, means the licensed premises of the licensee;

“Minister” means the Minister for Justice and Equality.

(2) Subject to subsection (3) , the Minister may—

( a) prepare and publish a code of practice, or

( b) approve of a code of practice drawn up by any other body,

for the purpose of setting standards for the display, sale, supply, advertising, promotion or marketing of intoxicating liquor and such code may apply as respects—

(i) a class or classes of intoxicating liquor,

(ii) a class or classes of licensed premises, or

(iii) a type of licence.

(3) Before publishing or approving of a code of practice under this section, the Minister—

( a) may make available in such manner as he or she considers appropriate a draft of the code and allow persons such period as the Minister determines, being not less than 30 days from the date of making such draft available, within which to make representations in writing to him or her in relation to it, and

( b) having considered the representations (if any) received, consent to its publication or approval, with or without modifications.

(4) Where the Minister publishes or approves of a code of practice under this section, he or she shall cause a notice to that effect to be published in Iris Oifigiúil and such notice shall specify—

( a) the class or classes of intoxicating liquor in respect of which the code is so published or approved, as the case may be,

( b) the class or classes of licensed premises to which the code relates,

( c) the type of licence to which the code relates,

( d) the date from which the code has effect, and

( e) the place where a copy of the code may be viewed, inspected or purchased.

(5) Subject to subsection (6) , the Minister may—

( a) amend or revoke a code of practice published under this section, or

( b) withdraw approval of any code of practice approved of under this section.

(6) Subsection (3) shall, with all necessary modifications, apply to a code of practice that the Minister intends to amend or revoke, or withdraw his or her approval of, under subsection (5) as subsection (3) applies to a code of practice that the Minister proposes to publish or approve of under this section.

(7) Where the Minister amends or revokes, or withdraws his or her approval of, a code of practice published or approved of under this section, the Minister shall cause a notice to that effect to be published in Iris Oifigiúil specifying—

( a) the code to which the amendment, revocation or withdrawal of approval, as the case may be, relates and, if applicable, particulars of the amendment,

( b) the class or classes of intoxicating liquor, the class or classes of licensed premises or the type of licence, in respect of which the code is so amended, revoked or approval is withdrawn, as the case may be, and

( c) the date from which the amendment, revocation or withdrawal of approval, as the case may be, shall have effect.

(8) A document bearing the seal of the Minister and purporting to be a code of practice published or approved of under this section or, where such a code has been amended under this section, the code so amended shall be admissible in any proceedings relating to the renewal under the Act of 1986 of a licence.

(9) A failure on the part of a licensee to observe any provision of a code of practice published or approved of under this section (including such a code as amended from time to time under this section) shall not of itself render the licensee liable to any civil or criminal proceedings but such failure shall be considered as relating to the good character of the licensee for the purposes of the renewal under the Act of 1986 of the licence in respect of the licensed premises concerned.

(10) In publishing or approving of a code of practice under this section, the Minister shall have regard to the need to reduce the incidence of the excessive consumption of intoxicating liquor and, without prejudice to the generality of that need, in particular have regard to—

( a) the need to reduce the risk of a threat to public order arising from the excessive consumption of intoxicating liquor,

( b) the health-related risks arising from the consumption of alcohol to an excessive extent,

( c) in the case of advertising, promotion or marketing of intoxicating liquor referred to in subsection (2), whether or not or to what extent such advertising, promotion or marketing is intended or likely to encourage the consumption of intoxicating liquor to an excessive extent.

(11) In having regard to the matters referred to in subsection (10)(c) the Minister may have regard to the medium used or the nature of the activities associated with or involved with such advertising, promotion or marketing.