Intoxicating Liquor Act 2003

Licences to national sporting arenas.

21

21. —(1) In this section—

“designated national sporting arena” means a major arena or stadium used primarily for sport which is designated as a national sporting arena in regulations made by the Minister under this section;

“event” means an event, whether of a sporting or non-sporting nature, which is held at a designated national sporting arena and involves the use of some or all of the playing area or pitch in the arena;

“function” means a conference, exhibition, seminar or reception which is held at a designated national sporting arena but does not involve the use of the playing area or pitch;

“Minister” means the Minister for Arts, Sport and Tourism;

“prescribed” means prescribed by regulations made by the Minister.

(2) The Minister may issue to the owner or owners of a designated national sporting arena a certificate approving of the issue of a licence in respect of the arena.

(3) The Revenue Commissioners shall, subject to subsection (5) and (6) —

(a) on presentation of the certificate, issue a licence for the sale of intoxicating liquor in respect of the designated national sporting arena concerned, and

(b) renew a licence so issued.

(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.

(5) There shall be charged, levied and paid on every licence issued pursuant to this section, and on its due renewal, a duty of excise of €250.

(6) A licence shall not be issued or renewed by the Revenue Commissioners under this section unless a tax clearance certificate has been issued in relation to the licence or its renewal in accordance with section 1094 of the Taxes Consolidation Act 1997.

(7) (a) The definition of “licence” in section 1094(1), as amended, of the said Act of 1997 is further amended—

(i) by the substitution of “1992,” for “1992, and” in paragraph (m) and of “1910, and” for “1910;” in paragraph (n), and

(ii) by insertion of the following paragraph after paragraph (n):

“(o) section 21 of the Intoxicating Liquor Act 2003;”.

(b) The definition of “specified date” in the said section 1094(1) is amended by the substitution of “(o)” for “(n)”.

(8) Regulations made by the Minister under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(9) The reference in subsection (4)(b) to section 2 of the Act of 1927 is to that section as amended by section 3 of the Act of 2000 and section 10.

Annotations:

Editorial Notes:

E10

Excise duty waived under subs. (5) for the renewal from 1 October 2021 to 30 September 2022 of a licence issued under subs. (3) which expired on 30 September 2021 as provided (21.12.2021) by Finance Act 2021 (45/2021), s. 45(2)(c), (3), commenced on enactment.

E11

Excise duty waived under subs. (5) for the renewal from 1 October 2020 to 30 September 2021 of a licence issued under subs. (3) which expired on 30 September 2020 as provided (19.12.2020) by Finance Act 2020 (26/2020), s. 31(2)(c), (3), commenced on enactment.

E12

Power pursuant to section exercised (25.04.2018) by Intoxicating Liquor Act 2003 (Section 21) (Páirc Uí Chaoimh, Cork) Regulations 2018 (S.I. No. 129 of 2018).

E13

Power pursuant to section exercised (20.04.2015) by Intoxicating Liquor Act 2003 (Designation of National Sporting Arena) (National Stadium) Regulations 2015 (S.I. No. 156 of 2015).

E14

Power pursuant to section exercised (9.02.2012) by Intoxicating Liquor Act 2003 (Section 21) (Royal Dublin Society) Regulations 2012 (S.I. No. 47 of 2012).

E15

Power pursuant to section exercised (23.03.2011) by Intoxicating Liquor Act 2003 (Section 21) (Croke Park, Dublin) Regulations 2011 (S.I. No. 149 of 2011).

E16

Power pursuant to section exercised (23.03.2011) by Intoxicating Liquor Act 2003 (Section 21) (Semple Stadium, Thurles) Regulations 2011 (S.I. No. 124 of 2011).

E17

Power pursuant to section exercised (20.04.2010) by Intoxicating Liquor Act 2003 (Section 21) Regulations 2010 (S.I. No. 160 of 2010).

E18

Power pursuant to section exercised (26.09.2008) by Intoxicating Liquor Act 2003 (Section 21) Regulations 2008 (S.I. No. 388 of 2008).

E19

Previous affecting provision: power pursuant to section exercised (30.06.2017) by Intoxicating Liquor Act 2003 (Section 21) (Páirc Uí Chaoimh, Cork) Regulations 2017 (S.I. No. 281 of 2017); revoked (25.04.2018) by Intoxicating Liquor Act 2003 (Section 21) (Páirc Uí Chaoimh, Cork) Regulations 2018 (S.I. No. 129 of 2018), reg 6.

E20

Previous affecting provision: power pursuant to section exercised (10.01.2006) by Intoxicating Liquor Act 2003 (Section 21) Regulations 2005 (S.I. No. 824 of 2005), in effect as per reg. 1(2); revoked (9.02.2012) by Intoxicating Liquor Act 2003 (Section 21) (Royal Dublin Society) Regulations 2012 (S.I. No. 47 of 2012), reg. 6.

E21

Previous affecting provision: power pursuant to section exercised (1.07.2004) by Intoxicating Liquor Act 2003 (Section 21) Regulations 2004 (S.I. No. 271 of 2004), in effect as per reg. 1(2); revoked (23.03.2011) by Intoxicating Liquor Act 2003 (Section 21) (Croke Park, Dublin) Regulations 2011 (S.I. No. 149 of 2011), reg. 6.