Civil Law (Miscellaneous Provisions) Act 2021

Definitions

1. In this Act—

“Act of 1904” means the Registration of Clubs (Ireland) Act 1904 ;

“Act of 2020” means the Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 ;

“authorisation” means an authorisation given by a statutory authority in the form of a licence, permit, consent, approval or permission or any other form and includes a licence granted under section 254 of the Planning and Development Act 2000 and a consent given under section 71 of the Roads Act 1993 ;

“club” means a club registered under the Registration of Clubs Acts;

“enactment” has the same meaning as it has in the Interpretation Act 2005 ;

“licence” means a licence for the sale by retail of intoxicating liquor whether granted on production or without production of a certificate of the Circuit Court or the District Court;

“licensed premises” means a premises in relation to which—

(a) a licence is in force,

(b) a certificate of registration under the Act of 1904 is applicable and in force and which supplies intoxicating liquor;

“licensee” means—

(a) the holder of a licence, and

(b) in relation to a club registered under the Registration of Clubs Acts, every person entered in the register of clubs (kept under those Acts) as an official or member of its committee of management or governing body at the material time;

“Licensing Acts” means the Licensing Acts 1833 to 2018;

“Minister” means the Minister for Justice;

“normal business” means, in relation to a licensed premises, the business that would be, or might reasonably be expected to be, lawfully carried on on the premises but for any regulations made under section 31A of the Health Act 1947 ;

“outdoor seating area” means, in relation to a licensed premises, an outdoor seating area—

(a) lawfully used by a licensee of that premises pursuant to an authorisation, or

(b) on private land abutting the premises where—

(i) the land is owned, or occupied by way of a lease or licence, by the licensee of the premises,

(ii) a licence is not in force, or a certificate of registration under the Act of 1904 is not applicable and in force, in respect of the area,

(iii) the number of seated patrons who can be accommodated in the area does not exceed the number of patrons who may be accommodated in the licensed premises,

(iv) the area contains sufficient seating to accommodate the number of seated patrons referred to in subparagraph (iii),

(v) the area does not contain any counter or barrier across which intoxicating liquor can be served to the public, and

(vi) the sale or supply of intoxicating liquor by the licensee to patrons in the area is an ancillary part of the normal business carried on on that premises;

“private land” means land other than State land (within the meaning of the State Property Act 1954 );

“Registration of Clubs Acts” means the Registration of Clubs Acts 1904 to 2008.