lrc_1952_act_15

(LRC Revised)

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LRC Revised Act

TOURIST TRAFFIC ACT 1952 REVISED Updated to 18 October 2020 (LRC Revised) Open official source

Number 15 of 1952

TOURIST TRAFFIC ACT 1952

REVISED

Updated to 18 October 2020

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an administrative consolidation of the

Tourist Traffic Act 1952

. It is prepared by the Law Reform Commission in accordance with its function under

the

Law Reform Commission Act 1975

(3/1975) to keep the law under review and to undertake revision and consolidation

of statute law.

All Acts up to and including the

Regulated Professions (Health

and Social Care) (Amendment) Act 2020

(16/2020), enacted 14 October 2020, and all

statutory instruments up to and including the

Health Act 1947 (Section 31A -

Temporary Restrictions) (Covid-19) (No. 7) Regulations 2020

(S.I. No. 442 of

2020), made 17 October 2020, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

revisedacts@lawreform.ie.

Number

1952

TOURIST TRAFFIC ACT 1952

REVISED

Updated to 18 October

2020

ARRANGEMENT OF SECTIONS

PART I.

Preliminary and General.

Section

Short title and collective citation.

Construction.

Repeals.

PART II.

An Bord Fáilte.

Renaming of Irish Tourist Board.

Functions.

Formation of local development companies.

Erection of notices and fences at, and provision of means of access to, historic sites,

etc.

Power to enter on land.

Restrictions of sections 7 and 8.

10.

Non-repayable grant.

11.

Cessation of repayable advances.

12.

Accounts and audit.

13.

Disqualification of member of Oireachtas for membership of Board.

14.

Superannuation of members.

15.

Superannuation of staff.

16.

Amendment of section 4 of Act of 1939.

PART III.

Guarantee of Loans.

17.

Guarantee of loans; and grants for interest charges.

18.

Limitations on guarantees and grants.

19.

Applications.

20.

Fees on applications and on grant or guarantee.

21.

Time limit on giving of guarantees.

22.

Advance from the Central Fund of moneys required for guarantee of loans.

23.

Payment of certain sums into the Exchequer.

24.

Statements and accounts to be laid before the Oireachtas.

PART IV.

Registration of Premises.

25.

Construction.

26.

Payment of registration fee.

27.

Return of application fee.

28.

Amendment of section 30 of Act of 1939.

29.

Amendment of section 30 of Act of 1939.

30.

Amendment of section 31 of Act of 1939.

31.

Extension of sections 33 to 37 of Act of 1939 to occupiers.

32.

Cancellation of registration.

PART V.

Fógra Fáilte.

33.

Fógra Fáilte.

34.

Functions.

35.

Non-repayable grant.

36.

Grants from other sources.

37.

Amendment of Tourist Traffic (Development) Act, 1931.

PART VI.

Licensing of Hotels and Holiday Camps.

Chapter I

Preliminary

38.

Construction and collective citation.

39.

Use of map in describing premises.

Chapter II

Hotels

40.

Hotel.

41.

Declaration as to fitness and convenience of proposed hotel.

42.

Licensing of hotel.

Chapter III

Holiday Camps

43.

Definitions.

44.

Grant of new licence for holiday camp.

45.

Variation of licensed premises.

46.

Prohibited hours.

47.

Provisions applying to Sundays, Christmas Day and Saint Patrick’s Day.

48.

Provisions applying to Good Friday.

49.

Powers of licensee to impose further restrictions.

50.

Certificate for renewal of licence.

51.

Occasional licences.

52.

Special exemption orders.

53.

Provisions of Act of 1927 not applicable to holiday camps.

54.

Apportionment of rateable valuation.

SCHEDULE.

Fógra Fálite.

Acts Referred to

Tourist Traffic Act, 1939

No. 24 of 1939

Tourist Traffic (Amendment) Act, 1946

No. 14 of 1946

National Monuments Act, 1930

No. 2 of 1930

Tourist Traffic (Development) Act, 1931

No. 15 of 1931

Intoxicating Liquor Act, 1927

No. 15 of 1927

Summer Time Act, 1925

No. 8 of 1925

Intoxicating Liquor Act, 1943

No. 7 of 1943

Local Authorities (Officers and Employees) Act, 1926

No. 39 of 1926

Number

1952

TOURIST TRAFFIC ACT 1952

REVISED

Updated to 18 October

2020

AN ACT TO MAKE FURTHER AND BETTER PROVISION FOR THE ENCOURAGEMENT AND DEVELOPMENT

OF THE TOURIST TRAFFIC AND, IN PARTICULAR, TO ESTABLISH A BODY TO ENGAGE IN PUBLICITY

IN CONNECTION WITH SUCH TRAFFIC, TO AMEND AND EXTEND THE TOURIST TRAFFIC ACTS, 1939

AND 1946, TO AMEND THE LAW RELATING TO THE LICENSING OF HOTELS AND HOLIDAY CAMPS FOR

THE SALE OF INTOXICATING LIQUOR, AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE

MATTERS AFORESAID. [3

rd July

, 1952.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Annotations

Modifications (not altering text)

Functions transferred and references to “Department of Transport,

Tourism and Sport” and “Minister for Transport, Tourism and Sport”

in collectively cited

Tourist Traffic Acts

construed (16.09.2020) by

Tourism and Sport (Transfer of Departmental Administration and Ministerial

Functions) Order 2020

(S.I. No. 356 of 2020), arts. 2 and 3, in effect as

per art. 1(2), subject to transitional provisions in arts. 4-8.

Note change of name of Department and title of Minister to Department of

and Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media (30.09 2020)

Culture, Heritage and the Gaeltacht (Alteration of Name of Department and

Title of Minister) Order 2020

(S.I. No. 403 of 2020), in effect as per art.

1(2).

2. (1) The administration

and business in connection with the exercise, performance or execution of any

functions transferred by Article 3 are transferred to the Department of Culture,

Heritage and the Gaeltacht.

(2) References to the

Department of Transport, Tourism and Sport contained in any Act or any instrument

made under such Act and relating to any administration and business transferred by

paragraph (1) shall, from the commencement of this Order, be construed as

references to the Department of Culture, Heritage and the Gaeltacht.

3. (1) The functions vested

in the Minister for Transport, Tourism and Sport by or under —

(

) the Tourist

Traffic Acts 1939 to 2016,

...

are transferred to the

Minister for Culture, Heritage and the Gaeltacht.

(2) References to the

Minister for Transport, Tourism and Sport contained in any Act or instrument made

under such Act and relating to any functions transferred by this Order shall, from

the commencement of this Order, be construed as references to the Minister for

Culture, Heritage and the Gaeltacht.

Application of collectively cited

Licensing Acts

restricted (3.09.2018) by

Intoxicating Liquor (Breweries and Distilleries) Act 2018

(17/2018), s. 1(2), (5), (6), S.I. No. 344 of 2018.

Licence for sale of intoxicating liquor at brewery, distillery, etc.

...

(2) Notwithstanding anything contained in the Licensing Acts 1833 to 2018, the Revenue

Commissioners shall, subject to subsections (7) and (8), on application to them being

made in that behalf by an applicant and on presentation of a certificate granted under

subsection (1), issue a producer’s retail licence in respect of the relevant premises concerned.

...

(5) On the issue of a producer’s retail licence in respect of a premises, any other licence issued under the Licensing

Acts 1833 to 2018 attached to the premises, other than a relevant licence, shall be

extinguished.

(6) Notwithstanding anything contained in the Licensing Acts 1833 to 2018, a licence

issued or renewed under this section shall operate to authorise the sale on the premises

to which the licence is attached of intoxicating liquor manufactured in accordance

with a relevant licence on the premises—

(a) between the hours of 10. 00 a.m. and 7. 00 p.m. each day other than Christmas

Day, for consumption on or off the premises, to persons who have completed a guided

tour of the premises, where the certificate referred to in subsection (1) has been

granted by the Circuit Court,

(b) between the hours of 10. 00 a.m. and 7. 00 p.m. each day other than Christmas

Day, for consumption off the premises, to persons who have completed a guided tour

of the premises, where the certificate referred to in subsection (1) has been granted

by the District Court, or

(i) 10. 00 a.m. and 7. 00 p.m. each day other than Christmas Day or a day to which

subparagraph (ii) applies, and

(ii) 12. 30 p.m. and 7. 00 p.m. on a Sunday, other than a Christmas Day which falls

on a Sunday, and St. Patrick’s Day,

for consumption off the premises, to persons who have not completed a guided tour

of the premises, where the certificate referred to in subsection (1) has been granted

by the Circuit Court or the District Court.

...

Application of collectively cited

Licensing Acts 1833 to 2008

restricted (21.05.2010) by

Intoxicating Liquor (National Conference Centre) Act 2010

(9/2010), s. 1(2) and (5), commenced on enactment.

Sale of intoxicating liquor at National Conference Centre.

— (1) In

this section— ...

“Licensing Acts” means the Licensing Acts 1833 to 2008;

...

(2) Notwithstanding anything contained in the Licensing Acts, the Revenue Commissioners

shall, subject to subsections (8) and (9), on application to them being made in that

behalf by the operator of the Convention Centre or a person nominated by such operator,

issue a licence for the sale of intoxicating liquor at the Convention Centre.

(5) Notwithstanding anything contained in the

Licensing Acts 1833 to 2008

, a licence issued or renewed under this section shall operate to authorise—

(a) the sale of intoxicating liquor to persons attending or taking part in a convention

event in an area of the Convention Centre for consumption in such area during the

period beginning one hour before the commencement of the event, but not earlier than

10.30 a.m., and ending—

(i) one hour after the conclusion of the event or midnight, whichever is the earlier,

(ii) where the convention event is a reception, dinner, banquet or stage show which

is held as part of a conference, congress, convention, seminar or symposium, one hour

after the conclusion of the event or 2.00 a.m., whichever is the earlier,

and

(b) subject to section 2 (prohibited hours) and section 5 (special exemption orders)

of the Act of 1927, the sale of intoxicating liquor to persons attending or taking

part in a non-convention event in an area of the Convention Centre for consumption

in such area.

Application of collectively cited

Licensing Acts 1833 to 2004

restricted (30.07.2008) by

Intoxicating Liquor Act 2008

(17/2008), s. 7(4), S.I. No. 286 of 2008.

Grounds on which District Court may refuse to give certificate in respect of new relevant

off-licences.

— ...

(5) Notwithstanding the Licensing Acts 1833 to 2004—

(a) the District Court may not refuse to give a certificate referred to in subsection

(1) on grounds where it has a discretion to so refuse except on the grounds specified

in that subsection, and

(b) only a person who falls within paragraph (a) or (b) of subsection (3) in respect

of the application concerned may object to the application.

Application of collectively cited

Licensing Acts 1833 to 2003

restricted (18.08.2003) by

Intoxicating Liquor Act 2003

(31/2003), s. 9(12), S.I. No. 362 of 2003.

Temporary closure of premises.

— ...

(12) Nothing in the Acts shall prohibit the Court from ordering that a conviction

for an offence to which this section applies be recorded on the licence held by the

person so convicted, and accordingly, where the Court so orders, the offence concerned

shall be deemed for the purposes of Part III (endorsement of licences) of the Act

of 1927 to be an offence to which that Part of that Act applies.

Application of collectively cited

Licensing Acts 1833 to 2003

restricted (18.08.2003) by

Intoxicating Liquor Act 2003

(31/2003), s. 21(4), S.I. No. 362 of 2003.

Licences to national sporting arenas.

21.

— ...

(4) Notwithstanding anything contained in the Acts, a licence issued or renewed under

this section shall operate to authorise the sale of intoxicating liquor—

(a) to persons attending an event in the designated national sporting arena concerned

for consumption in prescribed areas of the arena during the period beginning at the

time members of the public are permitted to attend the event and ending one hour after

its conclusion, and

(b) subject to section 2 of the Act of 1927, to persons attending a function in such

an arena for consumption in prescribed areas thereof.

Application of collectively cited

Licensing Acts 1833 to 1986

restricted by

Intoxicating Liquor Act 1988

(16/1988), s. 36A(11), as inserted (6.07.2000) by

Intoxicating Liquor Act 2000

(17/2000), s. 13, S.I. No. 207 of 2000.

[Temporary closure of premises.

36A.

— ...

(11) Nothing in the Acts shall prohibit the Court from ordering that a conviction

for an offence to which this section applies shall be recorded on the licence held

by the person so convicted, and accordingly, where the Court so orders, the offence

concerned shall be deemed for the purposes of Part III (endorsement of licences) of

the Act of 1927 to be an offence to which that Part of that Act applies.

]

Application of collectively cited

Licensing Acts 1833 to 1999

restricted (6.07.2000) by

Intoxicating Liquor Act 2000

(17/2000), s. 19(2), S.I. No. 207 of 2000.

Upgrading of restricted licences.

19.

— ...

(2) Notwithstanding anything contained in the Acts or this Act, the Revenue Commissioners

shall, on application within one year after the commencement of this section by a

person who holds a restricted licence in respect of any premises and subject to the

conditions set out in subsection (4), issue to that person a full licence in respect

of the premises.

Application of collectively cited

Licensing Acts 1833 to 1999

restricted (6.07.2000) by

Intoxicating Liquor Act 2000

(17/2000), s. 23(2), S.I. No. 207 of 2000.

Licensing of authorised events at racecourses and greyhound race tracks.

23.

— ...

(2) Notwithstanding anything contained in the Acts or this Act, a licence under the

Acts for the sale of intoxicating liquor at an authorised racecourse or a greyhound

race track for consumption at the racecourse or race track shall operate, while the

licence is in force, to authorise—

(a) the sale and consumption of intoxicating liquor,

(b) the keeping open of premises for such sale, and

on the occasion of an authorised event at the racecourse or race track during the

period—

(i) beginning at the time at which the public are permitted admission to the authorised

event (but not before 10.30 a.m.), and

(ii) ending thirty minutes after the conclusion of the authorised event or, as the

case may be, 30 minutes after the conclusion of the proceedings on each day on which

it takes place,

but during no other period.

C10

Application of collectively cited

Licensing Acts 1833 to 1999

restricted (6.07.2000) by

Intoxicating Liquor Act 2000

(17/2000), s. 38, S.I. No. 207 of 2000.

Documents to accompany certain applications.

38.

— Notwithstanding anything contained in the Acts or this Act, the Revenue Commissioners

shall refuse to grant an application for a licence, renewal of a licence or transfer

of a licence—

(a) by or on behalf of a limited liability company, unless the application is accompanied

by a certificate of the incorporation of the company, certified by the registrar of

companies under section 370 (1)(b) of the

Companies Act, 1963

, and dated not earlier than four weeks before the date of the application, or

(b) by or on behalf of a person carrying on business under a name that is not that

of the beneficial owner of the business, unless the application is accompanied by

a copy of a certificate of registration under the

Registration of Business Names Act, 1963

, certified in accordance with section 16(1)(b) of that Act.

C11

Application of collectively cited

Licensing Acts 1833 to 1988

restricted (1.12.1994) by

Irish Horseracing Industry Act 1994

(18/1994), ss. 65 and 66, S.I. No. 392 of 1994.

Licensing of sale of intoxicating liquor at race-fixtures.

65.

— (1) It shall be lawful for the Revenue Commissioners, notwithstanding anything contained

in the

Licensing Acts, 1833 to 1988

, on the application to them of the executive of an authorised racecourse, to grant

to the executive, or a person nominated by the executive—

(a) a licence for the sale of intoxicating liquor at the authorised racecourse for

consumption at the racecourse, and

(b) a renewal of a licence granted under this section.

...

Restrictions of certain provisions of Licensing Acts, 1833 to 1988.

66.

— Sections 4 and 5 and Part III of the

Intoxicating Liquor Act, 1927

, and the provisions, in relation to prohibited hours, of the

Licensing Acts, 1833 to 1988

, shall not apply to an authorised racecourse in respect of which a licence has been

granted under section 65.

C12

Application of collectively cited

Licensing Acts 1833 to 1986

restricted (1.07.1988) by

Intoxicating Liquor Act 1988

(16/1988), s. 9(1), S.I. No. 146 of 1988.

Grant of special restaurant licence.

— (1) Notwithstanding anything contained in the Acts, where a person (in this section

referred to as the applicant) who is the owner and occupier of a restaurant applies

to the Revenue Commissioners in that behalf, the Revenue Commissioners shall, provided

that the applicant—

(a) produces to them a certificate of the Circuit Court given to that applicant under

section 8 of this Act in respect of the restaurant, and

(b) pays to them a fee of £3,000, or such other amount as may stand specified for

the time being in regulations made by the Minister after consultation with the Minister

for Tourism and Transport,

grant to the applicant a special restaurant licence in respect of the restaurant.

...

C13

Application of collectively cited

Licensing Acts 1833 to 1981

restricted (13.12.1983) by

Intoxicating Liquor (National Concert Hall) Act 1983

(34/1983), ss. 2 and 3, commenced on enactment.

Grant of special restaurant licence.

— (1) Notwithstanding anything contained in the Acts, the Revenue Commissioners shall,

on application to them by the Company, grant to the Company, or a person nominated

by it, a licence for the sale of intoxicating liquor at the Concert Hall.

...

Restriction of certain provisions of Licensing Acts, 1833 to 1981.

— Sections 4 and 5 and Part III of the

Intoxicating Liquor Act, 1927

, section 11 of the

Intoxicating Liquor Act, 1962

, and the provisions, in relation to prohibited hours, of the Acts shall not apply

in relation to the Concert Hall.

C14

Term “holiday apartment” defined (15.11.1983) by

Tourist Traffic Act 1983

(31/1983), s. 1(2), commenced on enactment.

Interpretation.

— ...

(2) For the purposes of the

Tourist Traffic Acts, 1939 to 1983

, “holiday apartment” shall include a tourist apartment, an apartotel and a holiday flat.

C15

References in the collectively cited

Licensing Acts 1833 to 1977

construed (15.04.1981) by

Intoxicating Liquor Act 1981

(5/1981), s.1, commenced on enactment.

Dublin Metropolitan District.

—Any references in the

Licensing Acts, 1833 to 1977

, or the

Registration of Clubs Acts, 1904 to 1962

, to the Dublin Metropolitan District shall be deemed to be references to the district

court district that, upon the commencement of the

Intoxicating Liquor Act, 1962

, stood styled and known, by virtue of the

District Court Districts (Dublin) Order, 1945

(S.R. & O., No. 279 of 1945), as the Dublin Metropolitan District.

C16

Term “holiday cottage” defined (5.08.1970) by

Tourist Traffic Act 1970

(16/1970), s. 1(2), commenced on enactment.

Interpretation.

— ...

(2) For the purposes of the Tourist Traffic Acts, 1939 to 1970, “holiday cottage” shall include a holiday house, a holiday home and a holiday villa.

C17

Application of collectively cited

Licensing Acts 1833 to 1960

restricted (4.08.1962) by

Intoxicating Liquor Act 1962

(21/1962), s. 7(1)(a), commenced as per s. 36(3), as amended (22.06.1988) by

Intoxicating Liquor Act 1988

(16/1988), s. 27, commenced on enactment.

Time for consumption of intoxicating liquor supplied during permitted hours.

— (1)(a) Nothing in the Licensing Acts shall operate to prohibit a person from being

on, or consuming, or permitting the consumption of, intoxicating liquor on, premises

in respect of which an on-licence within the meaning of the Act of 1927 is in force

during the period of

[

thirty minutes

]

commencing at the beginning of a period during which the sale of intoxicating liquor

on licensed premises is prohibited.

...

C18

Application of collectively cited

Licensing Acts 1833 to 1960

modified (4.08.1962) by

Intoxicating Liquor Act 1962

(21/1962), s. 11(8) and (9), commenced as per s. 36(3).

Occasional licences.

11.

— ...

(8) An occasional licence shall operate to exempt the person to whom it is granted

(if and so long as he complies with the conditions subject to which it is granted

and the special event for which the licence is granted is held in compliance with

the relevant provisions of subsections (2) and (10) of this section) from the provisions

of the Licensing Acts relating to the sale and supply of intoxicating liquor at the

place and during the time for which the licence is granted.

(9) The provisions of the Licensing Acts requiring an offence to be endorsed on a

licence shall not apply to an offence committed in respect of an occasional licence.

...

C19

Application of collectively cited

Licensing Acts 1833 to 1960

restricted (4.08.1962) by

Intoxicating Liquor Act 1962

(21/1962), s. 17(6), commenced as per s. 36(3).

Exemptions for unlicensed business on Sunday mornings.

17.

—...

(6) Notwithstanding anything contained in the Licensing Acts, the opening or keeping

open of premises pursuant to an order under this section shall not be deemed to be

an opening or keeping open of the premises for the sale of intoxicating liquor.

...

C20

Application of collectively cited

Licensing Acts 1833 to 1960

restricted (4.08.1962) by

Intoxicating Liquor Act 1962

(21/1962), s. 18(1), commenced as per s. 36(3).

Licences for greyhound race tracks.

18.

—(1) It shall be lawful for the Revenue Commissioners, notwithstanding anything contained

in the Licensing Acts, to grant, on the application of the holder of a greyhound race

track licence, to such holder, or a person nominated by him—

(a) a licence for the sale of intoxicating liquor at the race track to which the greyhound

race track licence relates for consumption at the race track, and

(b) a renewal of a licence granted to such holder or person pursuant to this section

in respect of such race track.

...

C21

Application of collectively cited

Licensing Acts 1833 to 1960

restricted (4.08.1962) by

Intoxicating Liquor Act 1962

(21/1962), s. 27(1), commenced as per s. 36(3).

Liqueur chocolates.

27.

—(1) Nothing in the Licensing Acts (other than this section) or in any enactment requiring

the authority of an excise licence for the sale or supply of intoxicating liquor shall

have effect in relation to intoxicating liquor that is in confectionery if the confectionery—

(a) does not contain intoxicating liquor in a proportion greater than one-fiftieth

of a gallon of liquor (computed as proof spirit) per pound of the confectionery, and

(b) either consists of separate pieces each of which weighs not more than one and

one-half ounces or is designed to be broken into such pieces for the purposes of consumption.

...

C22

References in the collectively cited

Licensing Acts 1833 to 1960

construed (4.08.1962) by

Intoxicating Liquor Act 1962

(21/1962), s. 35(1) and (2), commenced as per s. 36(3).

Dublin Metropolitan District.

35.

—(1) References in the Licensing Acts to the Dublin Metropolitan Area shall be deemed

to be references to the Dublin Metropolitan District.

(2) The county borough of Dublin shall be deemed, for the purposes of the Licensing

Acts, to include the whole of the Dublin Metropolitan District and such borough and

District shall be deemed, for the purposes of those Acts, to be a city.

...

C23

Application of collectively cited

Licensing Acts 1833 to 1946

restricted (1.01.1955) by

Defence Act 1954

(18/1954), s. 314, S.I. No. 233 of 1954.

Grant of excise licence for military canteens.

314.

—Notwithstanding anything contained in the

Licensing Acts, 1833 to 1946

, or any other enactment, it shall not be necessary for a person holding a canteen

under the authority of the Minister to obtain a certificate from a Justice of the

District Court to enable him to obtain or hold any excise licence under the said Acts

for the sale of intoxicating liquors, and such excise licence may be granted to him

accordingly.

C24

Application of collectively cited

Licensing Acts 1833 to 1943

restricted (17.12.1946) by

Intoxicating Liquor Act 1946

(33/1946), ss. 2 and 3, commenced on enactment.

Grant and renewal of licences in respect of premises in a bog.

— ...

(2) On presentation to the Revenue Commissioners of a certificate issued by the Minister

under subsection (1) of this section, the Revenue Commissioners shall, notwithstanding

anything contained in the

Licensing Acts, 1833 to 1943

, grant to the person named in that behalf in the certificate an on-licence in respect

of the premises specified in that behalf in the certificate.

...

(4) On presentation to the Revenue Commissioners of a certificate issued by the Minister

under subsection (3) of this section, the Revenue Commissioners shall, notwithstanding

anything contained in the

Licensing Acts, 1833 to 1943

, grant a renewal of the said on-licence to the holder thereof.

Transfer and variation of licences in respect of premises in a bog.

— ...

(2) On presentation to the Revenue Commissioners of a certificate issued by the Minister

under subsection (1) of this section, the Revenue Commissioners shall, notwithstanding

anything contained in the

Licensing Acts, 1833 to 1943

, transfer the on-licence to which the certificate relates to the person specified

in that behalf in the certificate.

...

(4) On presentation to the Revenue Commissioners of a certificate issued by the Minister

under subsection (3) of this section, the Revenue Commissioners shall, notwithstanding

anything contained in the

Licensing Acts, 1833 to 1943

, amend the on-licence to which such certificate relates in accordance with the approval

of the Minister as stated in the certificate.

C25

Application of collectively cited

Licensing (Ireland) Acts 1833 to 1929

restricted (14.04.1943) by

Intoxicating Liquor Act, 1943

(7/1943), ss. 25 and 26, commenced on enactment.

Grant and renewal of licences in respect of premises in an aerodrome.

25.

— ...

(2) On presentation to the Revenue Commissioners of a certificate issued by the Minister

under the foregoing sub-section of this section, it shall be lawful for the Revenue

Commissioners, notwithstanding anything contained in the

Licensing (Ireland) Acts, 1833 to 1929

, to grant to the person named in that behalf in the said certificate an on-licence

in respect of the premises specified in that behalf in the said certificate.

...

(4) On presentation to the Revenue Commissioners of a certificate issued by the Minister

under the next preceding sub-section of this section, it shall be lawful for the Revenue

Commissioners, notwithstanding anything contained in the

Licensing (Ireland) Acts, 1833 to 1929

, to grant a renewal of the said on-licence to the holder thereof.

Transfer and variation of licences in respect of premises in an aerodrome.

26.

— ...

(2) (2) On presentation to the Revenue Commissioners of a certificate issued by the

Minister under the foregoing sub-section of this section, it shall be lawful for the

Revenue Commissioners, notwithstanding anything contained in the

Licensing (Ireland) Acts, 1833 to 1929

, to transfer the on-licences to which such certificate relates to the person specified

in that behalf in such certificate.

...

(4) On presentation to the Revenue Commissioners of a certificate issued by the Minister

under the next preceding sub-section of this section, it shall be lawful for the Revenue

Commissioners, notwithstanding anything contained in the

Licensing (Ireland) Acts, 1833 to 1929

, to amend the on-licence to which such certificate relates in accordance with the

approval of the Minister as stated in such certificate.

C26

Application of collectively cited

Licensing (Ireland) Acts 1833 to 1929

restricted (14.04.1943) by

Intoxicating Liquor Act, 1943

(7/1943), s. 29(1), commenced on enactment.

Licences for sale of intoxicating liquor on aircraft in flight.

29.

— (1) It shall be lawful for the Revenue Commissioners, notwithstanding anything contained

in the

Licensing (Ireland) Acts, 1833 to 1929

, to grant to any air transport concern a licence for the sale of intoxicating liquor

to passengers on an aircraft owned or hired by that concern for consumption while

such aircraft is in flight.

C27

Fines and penalties under collectively cited

Licensing (Ireland) Acts 1833 to 1905

modified (27.12.1924) by Intoxicating

Liquor (General) Act 1924

(62/1924), s. 30, commenced on enactment.

Increase of fines under Acts relating to licensing and illicit distillation.

30.

—All and every fine or other money penalty imposed by any of the

Licensing (Ireland) Acts, 1833 to 1905

, or the

Illicit Distillation (Ireland) Act, 1831

, the

Spirits (Ireland) Act, 1854

, the

Spirits (Ireland) Act, 1855

, or the

Spirits (Ireland) Act, 1857

, or authorised by any of those Acts to be imposed, shall, on and after the passing

of this Act, be and the same are hereby increased to double the amounts respectively

mentioned in those Acts.

C28

Application of collectively cited

Licensing (Ireland) Acts 1833 to 1905

modified (10.07.1924) by

Dublin Reconstruction (Emergency Provisions) Act 1924

(24/1924), s. 10, commenced on enactment.

Provisions as to licences.

10.

—In the case of any public-house, hotel, or other licensed premises in the City of

Dublin, which have been destroyed or damaged in the recent disturbances, and in which

business has in consequence been suspended during the period of rebuilding or restoration,

the licence (for the purposes of renewal and any certificates required for renewal

but for no other purpose) shall be deemed to continue in force up to the time of the

completion of such rebuilding or restoration, and to be vested in the person legally

entitled to the said premises, and it shall be competent for such person to apply

for any justices' certificate required for renewal, and for the court to consider

such application, although the same may not be made to the annual licensing petty

sessions. Any certificate as to the conduct of the business, required for the purposes

of renewal, shall be a certificate as respects the conduct of the business during

the period between the date of the last renewal and the destruction of or damage to

the premises, and the

Licensing (Ireland) Acts, 1833 to 1905

, shall be deemed to be amended accordingly.

C29

Application of collectively cited Licensing Acts restricted (3.09.2018) by Intoxicating

Liquor (Breweries and Distilleries) Act 2018 (17/2018), s. 1(2), (5), (6), S.I. No.

344 of 2018.

Editorial Notes

Procedure for upgrading certain licenses under collectively cited

Licensing Acts 1833 to 1999

prescribed (6.07.2000) by

Intoxicating Liquor Act 2000

(17/2000), s. 20(2) and (3), S.I. No. 207 of 2000.

Provisions for notification of fire authority in relation to applications for grant

or renewal of licenses under collectively cited

Licensing Acts 1833 to 1981

prescribed (1.04.1982) by

Fire Services Act 1981

(30/1981), s. 24, S.I. No. 430 of 1981, and as amended (22.07.1988) by

Courts (No. 2) Act 1986

, s. 9 and sch. 1, S.I. 176 of 1988.

Criteria for assessing whether meal is substantial for purposes of collectively cited

Licensing Acts 1833 to 1960

prescribed (4.08.1962) by

Intoxicating Liquor Act 1962

(21/1962), s. 9, commenced as per s. 36(3).

Exemptions from collectively cited

Licensing Acts 1833 to 1960

provided (4.08.1962) by

Intoxicating Liquor Act 1962

(21/1962), ss. 10, 16 and 17, commenced as per s. 36(3).

Certain licenses deemed to be in force for purposes of collectively cited

Licensing Acts 1833 to 1960

Intoxicating Liquor Act 1960

(18/1960), s. 17(1), as substituted (4.08.1962) by

Intoxicating Liquor Act 1962

(21/1962), s. 32, commenced as per s. 36(3).

Power to temporarily transfer a licence upon death of holder deemed, for purposes

of collectively cited

Licensing Acts 1833 to 1960

, to include power to transfer licence to any person nominated by executor or administrator

(4.08.1962) by

Intoxicating Liquor Act 1962

(21/1962), s. 34, commenced as per s. 36(3).

Previous affecting provision: application of collectively cited

Licensing Acts

restricted (7.10.2020) by

Health Act 1947 (Section 31A

- Temporary Restrictions) (Covid-19) (No. 6) Regulations 2020

(S.I. No. 413

of 2020), reg. 11(3)(a), in effect as per reg. 1(2); revoked (18.10.2020) by

Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 7)

Regulations 2020

(S.I. No. 442 of 2020), reg. 3, in effect as per reg.

1(2).

Previous affecting provision: application of collectively cited

Licensing Acts

restricted (19.09.2020) by

Health Act 1947 (Section

31A - Temporary Restrictions) (Covid-19) (No. 5) Regulations 2020

(S.I. No.

352 of 2020), reg. 10(3)(a), in effect as per reg. 1(2); revoked (7.10.2020) by

Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 6)

Regulations 2020

(S.I. No. 413 of 2020), reg. 3, in effect as per reg.

1(2).

Previous affecting provision: application of collectively cited

Licensing Acts

restricted (31.08.2020) by

Health Act 1947 (Section

31A – Temporary Restrictions) (Covid-19) (No. 4) Regulations 2020

(S.I. No.

326 of 2020), reg. 11(3)(a), in effect as per reg. 1(2); revoked (19.09.2020) by

Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 5)

Regulations 2020

(S.I. No. 352 of 2020), reg. 3(a), in effect as per reg.

1(2).

E10

Previous affecting provision: functions transferred and references to

“Department of Tourism, Culture and Sport” and “Minister for

Tourism, Culture and Sport” construed (1.04.2011) by

Tourism and Sport

(Transfer of Departmental Administration and Ministerial Functions) Order

2011

(S.I. No. 140 of 2011), arts. 2 and 3, in effect as per art. 1(2);

superseded as per C-note above.

E11

Previous affecting provision: application of collectively cited

Licensing (Ireland) Acts 1833 to 1924

restricted by

Intoxicating Liquor Act 1927

(15/1927), s. 3(2), as inserted (6.07.2000) by

Intoxicating Liquor Act 2000

(17/2000), s. 4(b), S.I. No. 207 of 2000; repealed (30.07.2008) by

Intoxicating Liquor Act 2008

(17/2008), s. 3, S.I. No. 286 of 2008.

E12

Previous affecting provision: application of collectively cited

Licensing (Ireland) Acts 1833 to 1997

restricted (31.12.1999) by

Intoxicating Liquor Act 1999

(32/1999), s. 1, commenced as per section; ceased (1.01.2000) as per section.

E13

Previous affecting provision: functions transferred and references to “Department of Labour” and “Minister for Labour” construed (20.01.1993) by

Labour (Transfer of Departmental Administration and Ministerial Functions) Order 1993

(S.I. No. 18 of 1993), arts. 3 and 4, commenced on enactment; superseded as per C-note

above.

E14

Previous affecting provision: functions transferred and references to “Department of Tourism, Transport and Communications” and “Minister for Tourism, Transport and Communications” construed (20.01.1993) by

Tourism (Transfer of Departmental Administration and Ministerial Functions) Order

1993

(S.I. No. 15 of 1993), arts. 3 and 4, commenced on enactment; superseded as per C-note

above.

E15

Previous affecting provision: functions transferred and references to “Department of the Marine” and “Minister for the Marine” construed (31.03.1987) by

Tourism (Transfer of Departmental Administration and Ministerial Functions) Order

1987

(S.I. No. 95 of 1987), arts. 3 and 4, in effect as per art. 1(2); superseded as per

C-note above.

E16

Previous affecting provision: functions transferred and references to “Department of Industry, Trade, Commerce and Tourism” and “Minister for Industry, Trade, Commerce and Tourism” construed (18.02.1986) by

Tourism (Transfer of Departmental Administration and Ministerial Functions) Order

1986

(S.I. No. 42 of 1986), arts. 3 and 4, in effect as per art. 1(2); superseded as per

C-note above.

E17

Previous affecting provision: functions transferred and references to “Department of Tourism and Transport” and “Minister for Tourism and Transport” construed (24.01.1980) by

Tourism (Transfer of Departmental Administration and Ministerial Functions) Order

1980

(S.I. No. 8 of 1980), arts. 3 and 4, in effect as per art. 1(2); superseded as per

C-note above.

E18

Previous affecting provision: functions transferred and references to “Department of Industry and Commerce” and “Minister for Industry and Commerce” construed (31.10.1961) by

Transport, Fuel and Power (Transfer of Departmental Administration and Ministerial

Functions) (No. 2) Order 1961

(S.I. No. 246 of 1961), arts. 3 and 4, commenced on enactment; superseded as per

C-note above.

E19

Previous affecting provision: application of collectively cited

Licensing (Ireland) Acts 1833 to 1960

restricted (4.07.1960) by

Intoxicating Liquor Act 1960

(15/1927), s. 27(4), commenced on enactment, as amended (4.08.1962) by

Intoxicating Liquor Act 1962

(21/1962), s. 33, commenced as per s. 36(3); ceased to be in force (4.07.1963) as

per subsection.

E20

Previous affecting provision: application of collectively cited

Licensing (Ireland) Acts 1833 to 1929

restricted (14.04.1943) by

Intoxicating Liquor Act 1943

(7/1943), s. 30(4), commenced on enactment; repealed (1.03.1956) by

Gaming and Lotteries Act 1956

(2/1956), s. 3 and sch., S.I. No. 18 of 1956.

E21

Previous affecting provision: application of collectively cited

Licensing (Ireland) Acts 1833 to 1929

restricted (18.06.1932) by

Eucharistic Congress (Miscellaneous Provisions) Act 1932

(7/1932), s. 12(1), commenced as per subsection; ceased (1.07.1932) as per subsection.

E22

Previous affecting provision: application of collectively cited

Licensing (Ireland) Acts 1833 to 1905

extended (27.12.1924) by

Intoxicating Liquor (General) Act 1924

(62 of 1924), s. 17, commenced on enactment; repealed (20.05.1927) by

Intoxicating Liquor Act 1927

(15/1927), s. 63 and sch., commenced on enactment.