Intoxicating Liquor Act, 1960

PART IV.

Miscellaneous.

Extension of powers of search and seizure under the Illicit Distillation (Ireland) Act, 1831.

22.—(1) Sections 17 and 18 (which sections relate to search for and seizure of illicit spirits) of the Act of 1831 are hereby extended as follows:—

(a) they shall apply in relation to a house or place irrespective of whether distillation does or does not take place therein, and

(b) they shall apply in relation to a house or place in which it is known or suspected that there are spirits in respect of which an offence under section 22 or section 23 (which sections relate to the possession of illicit spirits) of the Act of 1831 is being committed, and to any such spirits found therein.

(2) Nothing in section 18 of the Act of 1831, or in that section as extended by subsection (1) of this section, shall authorise the search without a warrant of a house used as a dwelling.

(3) A member of the Garda Síochána or an officer of customs and excise—

(a) if he has reasonable grounds for suspecting that a vehicle is being used in connection with the commission of an offence under section 25 (which relates to the movement of stills and spirits) of the Act of 1831, may require the driver thereof to halt the vehicle and may search the vehicle, and

(b) if he has reasonable grounds for suspecting that a person is engaged in the commission of an offence under the said section 25, may require the production by that person of any bottle or other container carried by him or on his person and may examine and test the contents of the bottle or container.

(4) If any person obstructs, resists or interferes with, or does not comply with a requirement of, a member of the Garda Síochána or an officer of customs and excise in the exercise of the powers conferred on him by subsection (3) of this section, he shall be guilty of an offence under the Act of 1831 and shall be liable on summary conviction thereof to an excise penalty of fifty pounds.

(5) In this section—

“the Act of 1831” means the Illicit Distillation (Ireland) Act, 1831 ;

“distillation” has the meaning it has in the Act of 1831;

“warrant” has the meaning it has in section 17 of the Act of 1831.