14.— The Act of 1988 is amended by inserting the following sections after section 37:

“Power to seize intoxicating liquor in possession of person under age of 18 years, etc.

37A.— (1) This section applies where a member of the Garda Síochána believes with reasonable cause that—

(a) a person under the age of 18 years is in a relevant place alone or accompanied by another person,

(b) a bottle or container which contains intoxicating liquor is in the possession of the relevant person or the accompanying person, and

(c) such intoxicating liquor (whether in whole or in part) has been, is being, or is intended to be, consumed by the relevant person in such relevant place or another relevant place.

(2) Where this section applies, the member may—

(a) seek an explanation from the relevant person or, as appropriate, the accompanying person, as to all or any of the matters to which the relevant belief relates, and

(b) do one or more of the following, if such person fails or refuses to give such an explanation or if such an explanation is given, and in either case the member remains of the relevant belief:

(i) request such person in possession of the bottle or container to immediately give it to the member (or to another member of the Garda Síochána accompanying the member) and at the same time as the request is made give to such person a warning in ordinary language that a failure or refusal to comply with the request may lead to the seizure of the bottle or container or to his or her arrest or to both (or words to the like effect);

(ii) if such person fails or refuses to comply with the request, seize, detain and remove, without warrant, the bottle or container with the use, if necessary, of such force as is reasonable in the circumstances;

(iii) request the relevant person to provide the member with his or her name, address and age.

(3) Where—

(a) a person fails or refuses to comply with a request made by the member under subparagraph (i) or (iii) of paragraph (b) of subsection (2), or

(b) the member has reasonable grounds for believing that the name, address or age provided to the member, in compliance with a request made by the member under subparagraph (iii) of paragraph (b) of subsection (2), is false or misleading,

the member may arrest such person without warrant.

(4) A person who—

(a) fails or refuses to comply with a request made by the member under subparagraph (i) or (iii) of paragraph (b) of subsection (2), or

(b) in purported compliance with a request made by the member under subparagraph (iii) of paragraph (b) of subsection (2), provides to the member a name, address or age which is false or misleading,

shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €500.

(5) Where the member or another member of the Garda Síochána has been given, or has seized, detained and removed, a bottle or container pursuant to this section, the member shall—

(a) dispose of the bottle or container in such manner as he or she considers appropriate, and

(b) make and retain, or cause to be made and retained, a record in writing of the manner, date and place of such disposal.

(6) Nothing in this section shall prejudice the operation of the other provisions of this Act or of the Criminal Justice (Public Order) Acts 1994 and 2003.

(7) In this section—

‘ relevant belief ’, in relation to a member of the Garda Síochána, means the belief referred to in subsection (1) of the member;

‘ relevant person ’ means the person first-mentioned in paragraph (a) of subsection (1);

‘ relevant place ’ means a place other than a place used as a private dwelling.

Power of entry for purposes of section 37A, etc.

37B.— A member of the Garda Síochána may enter without warrant a place other than a place used as a private dwelling if the member has reasonable grounds for believing that—

(a) the matters specified in paragraphs (a), (b) and (c) of subsection (1) of section 37A, or

(b) the matters specified in paragraphs (a), (b) and (c) of subsection (1) of section 8A (inserted by section 19 of the Intoxicating Liquor Act 2008) of the Criminal Justice (Public Order) Act 1994,

are occurring in such place.

Test purchasing of intoxicating liquor.

37C.— (1) A member of the Garda Síochána may, in the course of his or her duty as such member and in accordance with guidelines issued under subsection (4), send a person who is at least 15 years of age but under the age of 18 years into licensed premises for the purpose of the person purchasing intoxicating liquor therein if but only if—

(a) the parent or guardian of the person has consented, in writing, to him or her being sent into those premises for that purpose, and

(b) the member is satisfied that all reasonable steps have been or will be taken to avoid harm to the welfare of the person.

(2) Section 32(3) (inserted by section 13 of the Intoxicating Liquor Act 2003) shall not apply to a member of the Garda Síochána in any case where the member sends a person into licensed premises in accordance with subsection (1).

(3) Paragraphs (a) and (c) of section 33(1) shall not apply to a person in any case where a member of the Garda Síochána sends the person into licensed premises in accordance with subsection (1) and the person, whilst in those premises—

(a) purchases intoxicating liquor, or

(b) represents himself or herself for the purpose of obtaining, or being permitted to consume, intoxicating liquor, to be over the age of 18 years,

as the case requires.

(4) The Minister shall, after consulting with the Commissioner of the Garda Síochána and the Minister for Health and Children, from time to time issue guidelines in respect of the procedures to be followed with respect to the practical operation of this section, including guidelines as to—

(a) prohibiting any active instigation of a contravention of the Licensing Acts 1833 to 2008, such as a false representation, whether made orally or by means of the production of any document, that a person is over the age of 18 years, and

(b) the basis on which licensed premises will be selected for the purposes of the application of this section, whether by reference to the location of the premises, complaints received by the Garda Síochána concerning the premises, the number and kind of contraventions (if any) of the Licensing Acts 1833 to 2008 relating to the premises, or the clientele attracted to the premises, or any combination thereof.

(5) This section (including guidelines issued under subsection (4)) shall also apply in relation to a club registered under the Registration of Clubs Acts 1904 to 2008 as if references in this section (or such guidelines) to licensed premises were references to such a club and with any other necessary modifications.”.