17. —(1) In this section “place” means—

(a) any premises (other than the licensed premises of a licensee) owned or controlled by the licensee or used with the licensee's permission, and

(b) any public place.

(2) A licensee is guilty of an offence if, with the licensee's privity or consent, intoxicating liquor supplied by the licensee in a closed container for consumption off the premises is consumed in a place which is within 100 metres of those premises.

(3) A licensee is guilty of an offence if, with intent to evade the conditions of the licence, the licensee—

(a) takes intoxicating liquor from the licensed premises for the purpose of its being sold on the account, or for the benefit or profit, of the licensee, or

(b) permits any person so to take intoxicating liquor.

(4) On summary conviction of an offence under subsection (2) or (3) a licensee is liable—

(a) for a first offence, to a fine not exceeding €1,500, and

(b) for any subsequent offence, €2,000.

(5) Any person who consumes any intoxicating liquor supplied by the licensee in a closed container for consumption off the licensed premises in a place which is within 100 metres of those premises is guilty of an offence and liable on summary conviction to a fine not exceeding €300.

(6) If in any proceedings for an offence under subsection (3) it is proved that the premises to which the intoxicating liquor was taken were owned or controlled by the licensee or used with the licensee's permission the burden of proving that the licensee did not intend to evade the conditions of the licence shall lie on the licensee.

(7) (a) References in this subsection to a licence are to a licence which authorises the sale of intoxicating liquor only for consumption off the licensed premises.

(b) A holder of any such licence who permits intoxicating liquor purchased from the licensee to be consumed on the licensed premises is guilty of an offence and liable on summary conviction to a fine not exceeding—

(i) for a first offence, €1,500, or

(ii) for a second or any subsequent offence, €2,000.

(c) Any person who consumes on such licensed premises intoxicating liquor purchased from the licensee is guilty of an offence and liable on summary conviction to a fine not exceeding €300.