Intoxicating Liquor Act, 1943

Amendment of section 2 of the Act of 1927.

4.Section 2 of the Act of 1927 is hereby amended—

by the deletion of sub-sections (1), (2), and (3) thereof and the insertion therein of the following two sub-sections in lieu of the said sub-sections so deleted, and the said Act and in particular sub-sections (4) and (5) of the said section 2 shall be construed and have effect accordingly, that is to say:—

“(1) Save as is otherwise provided by this Act, it shall not be lawful for any person in any county borough to sell or expose for sale any intoxicating liquor or to open or keep open any premises for the sale of intoxicating liquor or to permit any intoxicating liquor to be consumed on licensed premises—

(a) on any week day—

(i) during a period of summer time, before the hour of half-past ten o'clock in the morning or after the hour of half-past ten o'clock in the evening, or (subject to the exceptions hereinafter mentioned) between the hours of half-past two o'clock and half-past three o'clock in the afternoon, or

(ii) during any period which is not a period of summer time, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or (subject to the exceptions hereinafter mentioned) between the hours of half-past two o'clock and half-past three o'clock in the afternoon, or

(b) on any Sunday—

(i) in the case of the county borough of Dublin or the Dublin Metropolitan Area, before the hour of half-past one o'clock in the afternoon, or between the hours of three o'clock and five o'clock in the afternoon or after the hour of seven o'clock in the evening, or

(ii) in the case of any other county borough, before the hour of one o'clock in the afternoon or between the hours of three o'clock and five o'clock in the afternoon, or after the hour of seven o'clock in the evening, or

(c) at any time on Christmas Day, Good Friday, or Saint Patrick's Day.

The exceptions referred to in the foregoing paragraph (a) of this sub-section are:—

(i) that between the hours of half-past two o'clock and half-past three o'clock in the afternoon on any week-day the holder of an on-licence attached to premises situate in a county borough may receive on such premises orders (accompanied or not accompanied by payment) by post, telegraph, or telephone but not otherwise for intoxicating liquor to be consumed off the premises and to be delivered by such holder at the residence of the person so ordering the same or at a railway station but not otherwise and may so deliver the intoxicating liquor so ordered, but the person so ordering such intoxicating liquor shall not for the purposes of any other section of this Act be a person to whom intoxicating liquor may be lawfully sold or supplied on such premises between the said hours on the said days, and

(ii) that between the hours of half-past two o'clock and half-past three o'clock in the afternoon on any week-day the holder of an off-licence attached to premises situate in a county borough may receive verbally or otherwise on such premises orders (accompanied or not accompanied by payment) for intoxicating liquor to be consumed off the premises and to be delivered by such holder at the residence of the person ordering the same or at a railway station but not otherwise and may so deliver the intoxicating liquor so ordered and may open and keep open the said premises for the purpose of receiving such orders and may expose on such premises intoxicating liquor for sale on such orders.

(2) Save as is otherwise provided by this Act, it shall not be lawful for any person in any place not being a county borough to sell or expose for sale or to open or keep open any premises for the sale of intoxicating liquor or to permit any intoxicating liquor to be consumed on licensed premises—

(a) on any week-day—

(i) during a period of summer time, before the hour of half-past ten o'clock in the morning or after the hour of half-past ten o'clock in the evening, or

(ii) during any period which is not a period of summer time, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or

(b) at any time on any Sunday or on Christmas Day, Good Friday, or Saint Patrick's Day.”