No. 33/1995:

INTOXICATING LIQUOR ACT, 1995

ARRANGEMENT OF SECTIONS

1 Definitions.

2 Amendment of section 2 (prohibited hours generally) of Act of 1927.

3 Amendment of section 3 (mixed trading) of Act of 1927.

4 Amendment of section 13 (exemptions for hotels and restaurants) of Act of 1927.

5 Amendment of section 56 (prohibited hours in clubs) of Act of 1927.

6 Amendment of section 14 (prohibited hours in premises having special restaurant licence) of Act of 1988.

7 Short title, collective citation and construction.

AN ACT TO AMEND AND EXTEND THE LICENSING ACTS, 1833 TO 1994, TO AMEND THE REGISTRATION OF CLUBS ACTS, 1904 TO 1988, AND TO PROVIDE FOR CONNECTED MATTERS.

[21st December, 1995]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.—In this Act—

"the Act of 1927" means the Intoxicating Liquor Act, 1927 ;

"the Act of 1988" means the Intoxicating Liquor Act, 1988 .

2.—Section 2 (inserted by section 25 of the Act of 1988) of the Act of 1927 is hereby amended by the insertion of the following proviso to subsection (1):

"Provided that where in any year the 23rd or 24th day of December falls on a Sunday, then the provisions of this subsection which relate to a weekday during a period which is not a period of summer time shall apply to such a Sunday as if it were such a weekday.".

3.—Section 3 (as amended by section 8 of the Intoxicating Liquor Act, 1960 , and section 3 of the Intoxicating Liquor Act, 1962 ) of the Act of 1927 is hereby amended in subsection (1) by the substitution of the following for paragraphs (i) and (ii):

"(i) in the case of premises to which an on-licence is attached, between the hours of half-past seven o'clock and half-past ten o'clock in the morning on weekdays and on a Sunday that falls on the 23rd or 24th day of December in any year, and

(ii) in the case of premises to which an off-licence is attached, between the hours of nine o'clock and half-past ten o'clock in the morning on weekdays and on a Sunday that falls on the 23rd or 24th day of December in any year.".

4.—Section 13 (inserted by section 28 of the Act of 1988) of the Act of 1927 is hereby amended by the insertion of the following proviso to that section:

"Provided that where in any year the 23rd or 24th day of December falls on a Sunday, then, except in the case of a six-day licence, the provisions of this section which relate to a weekday during a period which is not a period of summer time shall apply to such a Sunday as if it were such a weekday.".

5.—(1) Section 56 (inserted by section 26 of the Act of 1988) of the Act of 1927 is hereby amended—

( a ) by the substitution in subsection (1) of "subsections (1A), (2) and (3)" for "subsections (2) and (3)", and

( b ) by the insertion of the following subsection after subsection (1):

"(1A) Where in any year the 23rd or 24th day of December falls on a Sunday, then the provisions of subsection (1) of this section which relate to a weekday during a period which is not a period of summer time shall apply to such a Sunday as if it were such a weekday.",

and

( c ) by the insertion of the following proviso to subsection (2):

"Provided that where in any year the 23rd or 24th day of December falls on a Sunday, then the provisions of this subsection which relate to a weekday during a period which is not a period of summer time shall apply to such a Sunday as if it were such a weekday.".

(2) ( a ) For the purposes of the Registration of Clubs Acts, 1904 to 1988, the rules of a club which at the date of the passing of this Act is registered under those Acts, shall, during the transitional period, be deemed to be in conformity with the provisions of section 56, as amended by this section, of the Act of 1927.

( b ) In this subsection "transitional period" means the period beginning on the date of the passing of this Act and ending, either, when the certificate of registration of the club which is in force two months after that date expires, or, if it should sooner happen, when the rules of the club are brought into conformity with section 56, as amended by this section, of the Act of 1927.

6.—Section 14 of the Act of 1988 is hereby amended in subsection (1)—

( a ) by the insertion in paragraph (i) after "on any weekday" of "or on a Sunday which falls on the 23rd or 24th day of December in any year", and

( b ) by the insertion in paragraph (ii) after "on any Sunday" of "other than a Sunday to which paragraph (i) of this subsection relates".

7.—(1) This Act may be cited as the Intoxicating Liquor Act, 1995 .

(2) ( a ) The Licensing Acts, 1833 to 1994, and this Act, other than section 5 (2), may be cited together as the Licensing Acts, 1833 to 1995, and shall be construed together as one.

( b ) The Registration of Clubs Acts, 1904 to 1988, and section 5 (2) of this Act may be cited together as the Registration of Clubs Acts, 1904 to 1995, and shall be construed together as one.

ACTS REFERRED TO