Intoxicating Liquor Act 2003


Number 31 of 2003


INTOXICATING LIQUOR ACT 2003

REVISED

Updated to 8 December 2023


This Revised Act is an administrative consolidation of the Intoxicating Liquor Act 2003. 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 the Judicial Appointments Commission Act 2023 (33/2023), enacted 8 December 2023, and all statutory instruments up to and including the Appointment of Special Adviser (Minister of State at the Department of Justice) Order 2023 (S.I. No. 632 of 2023), made 7 December 2023, 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 31 of 2003


INTOXICATING LIQUOR ACT 2003

REVISED

Updated to 8 December 2023


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

Equal Status Acts 2000 to 2018: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Education (Admission to Schools) Act 2018 (14/2018), s. 13(3)). The Acts in this group are:

Equal Status Act 2000 (8/2000)

Intoxicating Liquor Act 2003 (31/2003), s. 25

Equality Act 2004 (24/2004), Part 3 (ss. 47-65)

Civil Law (Miscellaneous Provisions) Act 2008 (14/2008), Part 14 (s. 76)

Civil Law (Miscellaneous Provisions) Act 2011 (23/2011), s. 21 insofar as it refers to s. 21 of the Equal Status Act 2000 and ss. 27-29

Equal Status (Amendment) Act 2012 (41/2012)

Equality (Miscellaneous Provisions) Act 2015 (43/2015), ss. 12-15

Education (Admission to Schools) Act 2018 (14/2018), s. 11

Licensing Acts 1833 to 2018: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Intoxicating Liquor (Breweries and Distilleries) Act 2018 (17/2018), s. 5(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)

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 c. 56) (Repealed)

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

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 c. 3), Parts I, II and V (Repealed)

Intoxicating Liquor (General) Act 1924 (62/1924), Parts I (ss. 1-6), II (ss. 7-18) and V (ss. 28-32)

Intoxicating Liquor Act 1927 (15/1927), Parts I (s. 1), II (ss. 2-23), III (ss. 24-35), IV (ss. 36-54), and VI (ss. 60-64)

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

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

Intoxicating Liquor Act 1943 (7/1943)

Intoxicating Liquor Act 1946 (33/1946)

Tourist Traffic Act 1952 (15/1952), Part VI (ss. 38-54)

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 (ss. 65-68)

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 (ss. 4-17) 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

Intoxicating Liquor (Amendment) Act 2018 (1/2018)

Intoxicating Liquor (Breweries and Distilleries) Act 2018 (17/2018)

Registration of Clubs Acts 1904 to 2008: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Intoxicating Liquor Act 2008 (17/2008), s. 1(4)). The Acts in this group are:

Registration of Clubs (Ireland) Act 1904 (4 Edw. 7 c. 9)

Intoxicating Liquor (General) Act 1924 (62/1924), Part III (ss. 19-25)

Intoxicating Liquor Act 1927 (15/1927), Part V (ss. 55-59)

Intoxicating Liquor Act 1960 (18/1960), in so far as it amends and extends the Registration of Clubs Acts, 1904 to 1927

Intoxicating Liquor Act 1962 (21/1962), in so far as it amends and extends the Registration of Clubs Acts

Intoxicating Liquor Act 1981 (5/1981), in so far as it amends the Registration of Clubs Acts 1904 to 1981

Courts (No. 2) Act 1986 (26/1986), s. 9 and sch. 1, in so far as they relate to the Registration of Clubs Acts 1904 to 1981

Intoxicating Liquor Act 1988 (16/1988), in so far as it amends the Registration of Clubs Acts 1904 to 1986

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

Intoxicating Liquor Act 1999 (32/1999), in so far as it amends and extends the Registration of Clubs Acts 1904 to 1995,

Intoxicating Liquor Act 2000 (17/2000), in so far as it amends and extends the Registration of Clubs Acts 1904 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 Registration of Clubs Acts 1904 to 2003

Intoxicating Liquor Act 2004 (34/2004)

Intoxicating Liquor Act 2008 (17/2008), ss. 14 and 16, in so far as they amend and extend the Registration of Clubs Acts 1904 to 2004

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 1972, 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

Finance Act 2021 (45/2021)

Finance Act 2020 (26/2020)

Public Health (Alcohol) Act 2018 (24/2018)

Irish Human Rights and Equality Commission Act 2014 (25/2014)

Local Government Reform Act 2014 (1/2014)

Fines Act 2010 (8/2010)

Finance (No. 2) Act 2008 (25/2008)

Intoxicating Liquor Act 2008 (17/2008)

All Acts up to and including Judicial Appointments Commission Act 2023 (33/2023), enacted 8 December 2023, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2020 (S.I. No. 356 of 2020)

Intoxicating Liquor Act 2003 (Section 21) (Páirc Uí Chaoimh, Cork) Regulations 2018 (S.I. No. 129 of 2018)

Intoxicating Liquor Act 2003 (Section 21) (Páirc Uí Chaoimh, Cork) Regulations 2017. (S.I. No. 281 of 2017)

Intoxicating Liquor Act 2003 (Designation of National Sporting Arena) (National Stadium) Regulations 2015 (S.I. No. 156 of 2015)

Intoxicating Liquor Act 2003 (Section 21) (Royal Dublin Society) Regulations 2012 (S.I. No. 47 of 2012)

Intoxicating Liquor Act 2003 (Section 21) (Croke Park, Dublin) Regulations 2011 (S.I. No. 149 of 2011)

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

Tourism and Sport (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 124 of 2011)

Intoxicating Liquor Act 2003 (Section 21) (Semple Stadium, Thurles) Regulations 2011 (S.I. No. 124 of 2011)

Intoxicating Liquor Act 2003 (Section 21) Regulations 2010 (S.I. No. 160 of 2010)

Intoxicating Liquor Act 2003 (Section 21) Regulations 2008 (S.I. No. 388 of 2008)

Intoxicating Liquor Act 2003 (Section 21) Regulations 2005 (S.I. No. 824 of 2005)

Intoxicating Liquor Act 2003 (Section 21) Regulations 2004 (S.I. No. 271 of 2004)

Intoxicating Liquor Act 2003 (Commencement) Order 2003 (S.I. No. 362 of 2003)

All statutory instruments up to and including Appointment of Special Adviser (Minister of State at the Department of Justice) Order 2023 (S.I. No. 632 of 2023), made 7 December 2023, were considered in the preparation of this revision.


Number 31 of 2003


INTOXICATING LIQUOR ACT 2003

REVISED

Updated to 8 December 2023


Acts Referred to

Courts (No. 2) Act 1986

1986, No. 26

Equal Status Act 2000

2000, No. 8

Fire Services Act 1981

1981, No. 30

Firearms Acts 1925 to 2000

Intoxicating Liquor Act 1927

1927, No. 15

Intoxicating Liquor Act 1962

1962, No. 21

Intoxicating Liquor Act 1988

1988, No. 16

Intoxicating Liquor Act 2000

2000, No. 17

Intoxicating Liquor (General) Act 1924

1924, No. 62

Licensing Act 1872

1872, c. 94

Licensing Acts 1833 to 2003

Non-Fatal Offences Against the Person Act 1997

1997, No. 26

Protection of Employees (Part-Time Work) Act 2001

2001, No. 45

Public Dance Halls Act 1935

1935, No. 2

Public Dance Halls Acts 1935 to 2003

Refreshment Houses (Ireland) Act 1860

1860, c. 107

Registration of Clubs Acts 1904 to 2003

Taxes Consolidation Act 1997

1997, No. 39


Number 31 of 2003


INTOXICATING LIQUOR ACT 2003

REVISED

Updated to 8 December 2023


AN ACT TO AMEND AND EXTEND THE LICENSING ACTS 1833 TO 2003, THE REGISTRATION OF CLUBS ACTS 1904 TO 2003 AND THE EQUAL STATUS ACT 2000 AND TO PROVIDE FOR RELATED MATTERS. [14th July, 2003]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations:

Modifications (not altering text):

C1

Functions transferred and references to “Department of Transport, Tourism and Sport” and “Minister for Transport, Tourism and Sport” 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 Minister to 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 — ...

(d) the Intoxicating Liquor Act 2003 (No. 31 of 2003),

...

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.

...

Editorial Notes:

E1

Previous affecting provision: 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); superseded as per C-note above.