C1

Functions transferred and references to “Department of Transport, Tourism and Sport” and “Minister for Transport, Tourism and Sport” in collectively cited Tourist Traffic Acts construed (16.09.2020) by Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 356 of 2020), arts. 2 and 3, in effect as per art. 1(2), subject to transitional provisions in arts. 4-8.

Note change of name of Department and title of Minister to Department of and Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media (30.09 2020) by Culture, Heritage and the Gaeltacht (Alteration of Name of Department and Title of Minister) Order 2020 (S.I. No. 403 of 2020), 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 Culture, Heritage and the Gaeltacht.

(2) References to the Department of Transport, Tourism 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 construed as references to the Department of Culture, Heritage and the Gaeltacht.

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

(a) the Tourist Traffic Acts 1939 to 2016,

...

are transferred to the Minister for Culture, Heritage and the Gaeltacht.

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

C2

Application of collectively cited Licensing Acts restricted (3.09.2018) by Intoxicating Liquor (Breweries and Distilleries) Act 2018 (17/2018), s. 1(2), (5), (6), S.I. No. 344 of 2018.

Licence for sale of intoxicating liquor at brewery, distillery, etc.

1. ...

(2) Notwithstanding anything contained in the Licensing Acts 1833 to 2018, the Revenue Commissioners shall, subject to subsections (7) and (8), on application to them being made in that behalf by an applicant and on presentation of a certificate granted under subsection (1), issue a producer’s retail licence in respect of the relevant premises concerned.

...

(5) On the issue of a producer’s retail licence in respect of a premises, any other licence issued under the Licensing Acts 1833 to 2018 attached to the premises, other than a relevant licence, shall be extinguished.

(6) Notwithstanding anything contained in the Licensing Acts 1833 to 2018, a licence issued or renewed under this section shall operate to authorise the sale on the premises to which the licence is attached of intoxicating liquor manufactured in accordance with a relevant licence on the premises—

(a) between the hours of 10. 00 a.m. and 7. 00 p.m. each day other than Christmas Day, for consumption on or off the premises, to persons who have completed a guided tour of the premises, where the certificate referred to in subsection (1) has been granted by the Circuit Court,

(b) between the hours of 10. 00 a.m. and 7. 00 p.m. each day other than Christmas Day, for consumption off the premises, to persons who have completed a guided tour of the premises, where the certificate referred to in subsection (1) has been granted by the District Court, or

(c) between the hours of—

(i) 10. 00 a.m. and 7. 00 p.m. each day other than Christmas Day or a day to which subparagraph (ii) applies, and

(ii) 12. 30 p.m. and 7. 00 p.m. on a Sunday, other than a Christmas Day which falls on a Sunday, and St. Patrick’s Day,

for consumption off the premises, to persons who have not completed a guided tour of the premises, where the certificate referred to in subsection (1) has been granted by the Circuit Court or the District Court.

...

C3

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.

C4

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.

C5

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.

C6

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.

C7

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.]

C8

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.

C9

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.

C10

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.

C11

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.

C12

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.

...

C13

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.

C14

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.

C15

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.

C16

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.

C17

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.

...

C18

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.

...

C19

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.

...

C20

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.

...

C21

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.

...

C22

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.

...

C23

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.

C24

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.

C25

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.

C26

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.

C27

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.

C28

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.

C29

Application of collectively cited Licensing Acts restricted (3.09.2018) by Intoxicating Liquor (Breweries and Distilleries) Act 2018 (17/2018), s. 1(2), (5), (6), S.I. No. 344 of 2018.