Intoxicating Liquor Act 2008


Number17 of 2008


INTOXICATING LIQUOR ACT 2008

REVISED

Updated to 4 May 2022


This Revised Act is an administrative consolidation of the Intoxicating Liquor Act 2008. 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 Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), enacted 4 May 2022, and all statutory instruments up to and including the Merchant Shipping (Radio Installations Survey) Rules 2022 (S.I. No. 222 of 2022), made 4 May 2022, 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 17 of 2008


INTOXICATING LIQUOR ACT 2008

REVISED

Updated to 4 May 2022


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

Courts of Justice Acts 1924 to 2019: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Copyright and Other Intellectual Property Law Provisions Act 2019 (19/2019), s. 1(2)). The Acts in this group are:

Courts of Justice Act 1924 (10/1924)

Courts of Justice Act 1926 (1/1926)

Courts of Justice Act 1928 (15/1928)

Courts of Justice Act 1936 (48/1936)

Courts of Justice (District Court) Act 1946 (21/1946)

Courts of Justice Act 1947 (20/1947)

Courts of Justice (District Court) Act 1949 (8/1949)

Courts of Justice Act 1953 (32/1953)

Courts of Justice Act and Courts Officers (Superannuation) Act 1961 (16/1961), in so far as it amends or extends the previous Acts

Intoxicating Liquor Act 2008 (17/2008), s. 8(a) to the extent that it extends the previous Acts

Court of Appeal Act 2014 (18/2014), to the extent that it amends or extends the previous Acts

Copyright and Other Intellectual Property Law Provisions Act 2019 (19/2019), s. 40

Acts previously included in the group but now repealed are:

Courts of Justice Act 1927 (29/1927)

Courts of Justice Act 1928 (35/1928)

Courts of Justice Act 1929 (37/1929)

Courts of Justice Act 1931 (1/1931)

Courts of Justice (No. 2) Act 1931 (40/1931)

Courts of Justice Act 1959 (35/1959)

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)

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

Licensing (Ireland) Act 1902 (2 Edw. 7 c. 18)

Intoxicating Liquor (General) Act 1924 (62/1924), parts I, II and V

Intoxicating Liquor Act 1927 (15/1927), parts I, II, III, IV, and VI

Intoxicating Liquor Act 1943 (7/1943)

Intoxicating Liquor Act 1946 (33/1946)

Tourist Traffic Act 1952 (15/1952), part VI

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

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 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)

Acts previously included in the group but now repealed or spent are:

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

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

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

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

Acts previously to be construed with the group but now repealed are:

Intoxicating Liquors (Sale to Children) Act 1901 (1 Edw. 7 c. 27)

Intoxicating Liquor (Occasional Licences) Act 1932 (6/1932)

Registration of Clubs Acts 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 previous Acts

Intoxicating Liquor Act 1962 (21/1962), in so far as it amends and extends previous Acts

Intoxicating Liquor Act 1981 (5/1981), in so far as it amends and extends previous Acts

Intoxicating Liquor Act 1988 (16/1988), in so far as it amends previous Acts

Courts (No. 2) Act 1986 (26/1986), s. 9 and First Schedule in so far as they relate to previous Acts

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

Intoxicating Liquor Act 1999 (32/1999), in so far as it amends and extends previous Acts

Intoxicating Liquor Act 2000 (17/2000), in so far as it amends and extends previous Acts

Criminal Justice (Public Order) Act 2003 (16/2003)

Intoxicating Liquor Act 2003 (31/2003), in so far as it amends and extends previous Acts

Intoxicating Liquor Act 2004 (34/2004)

Intoxicating Liquor Act 2008 (17/2008), ss. 14, 16 in so far as they amend and extend previous Acts

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

Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022)

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

All Acts up to and including Garda Síochána (Functions and Operational Areas) Act 2022 (7/2022), enacted 4 May 2022, were considered in the preparation of this revision.

Statutory instruments which affect or previously affected this revision

None

All statutory instruments up to and including Merchant Shipping (Radio Installations Survey) Rules 2022 (S.I. No. 222 of 2022), made 4 May 2022, were considered in the preparation of this revision.


Number 17 of 2008


INTOXICATING LIQUOR ACT 2008

REVISED

Updated to 4 May 2022



Acts Referred to

Building Control Act 1990

1990, No. 3

Courts (No. 2) Act 1986

1986, No. 26

Courts of Justice Act 1924

1924, No. 10

Courts of Justice Acts 1924 to 1961

Criminal Justice Act 2006

2006, No. 26

Criminal Justice (Public Order) Act 1994

1994, No. 2

Criminal Justice (Public Order) Act 2003

2003, No. 16

Criminal Justice (Public Order) Acts 1994 and 2003

Finance (1909-10) Act 1910

10 Edw. 7 & 1 Geo. 5, c.8

Housing (Miscellaneous Provisions) Act 2002

2002, No. 9

Intoxicating Liquor Act 1927

1927, No. 15

Intoxicating Liquor Act 1943

1943, No. 7

Intoxicating Liquor Act 1960

1960, No. 18

Intoxicating Liquor Act 1962

1962, No. 21

Intoxicating Liquor Act 1988

1988, No. 16

Intoxicating Liquor Act 2000

2000, No. 17

Intoxicating Liquor Act 2003

2003, No. 31

Licensing Act (Ireland) 1874

37 & 38 Vict., c.69

Licensing Acts 1833 to 2004

Private Security Services Act 2004

2004, No. 12

Registration of Clubs Acts 1904 to 2004


Number 17 of 2008


INTOXICATING LIQUOR ACT 2008

REVISED

Updated to 4 May 2022


AN ACT TO AMEND AND EXTEND THE LICENSING ACTS 1833 TO 2004, THE COURTS OF JUSTICE ACTS 1924 TO 1961, THE REGISTRATION OF CLUBS ACTS 1904 TO 2004 AND THE CRIMINAL JUSTICE (PUBLIC ORDER) ACT 1994, AND TO PROVIDE FOR RELATED MATTERS.

[21st July, 2008]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS: