Intoxicating Liquor Act 2003

Drunken persons.

4

4. —(1) A licensee shall not, on the licensed premises—

(a) supply, or permit any person to supply, intoxicating liquor—

(i) to a drunken person, or

(ii) to any person for consumption by a drunken person;

(b) permit a drunken person to consume intoxicating liquor;

(c) permit drunkenness to take place in the bar; or

(d) admit any drunken person to the bar.

(2) A licensee who contravenes subsection (1) is guilty of an offence under this section and liable on summary conviction to a fine not exceeding—

(a) for a first offence, F1[3,000], or

(b) for a second or any subsequent offence, F1[5,000].

(3) A person who is drunk on leaving licensed premises is presumed, until the contrary is proved, to have been drunk while on those premises.

(4) In a prosecution for an offence under subsection (1)(c) it is a defence to prove that the licensee took reasonable steps to prevent the drunkenness concerned taking place.

Annotations:

Amendments:

F1

Substituted (30.07.2008) by Intoxicating Liquor Act 2008 (17/2008), s. 17 and sch. 1, S.I. No. 286 of 2008. A fine of €3,000 translates into a class B fine, not greater than €4,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 5(3) and table ref. no. 1, S.I. No. 662 of 2010.

A fine of €5,000 translates into a class A fine, not greater than €5,000, as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.