Intoxicating Liquor (Breweries and Distilleries) Act 2018
The Intoxicating Liquor (Breweries and Distilleries) Act 2018 was signed into law by the President on 22 July 2018. The Act came into force on 3 September 2018.
The Act creates a new licence called a "producer's retail licence" which allows breweries and distilleries to sell alcohol to visitors. The new licence is a welcome development for breweries and distilleries that currently only have a manufacturing licence as they can now apply for a new licence that will allow them to sell alcohol on site to visitors. It is easy to envisage how this new licence should dove tail well with the tourist trade in the locality of individual breweries and distilleries.
The main points of the Act are:
- The Act creates a new licence called a "producer's retail licence". Only alcohol manufactured on the premises can be sold under the new licence.
- Alcohol can be sold for consumption on or off the premises if the certificate is granted by the Circuit Court. Where the certificate is granted by the District Court, alcohol can only be sold for consumption off the premises.
- Breweries and distilleries cannot sell alcohol for consumption on the premises to visitors who do not take part in a tour of the premises. The tour must be a guided tour for which a ticket has been issued.
- Alcohol can also be sold to visitors who do not take a guided tour of the brewery or distillery but that alcohol cannot be consumed on the premises.
- A brewery or distillery can sell alcohol manufactured at the brewery or distillery to anyone taking a guided tour between 10a.m. and 7p.m. each day except Christmas Day.
- Alcohol can be sold to anyone not taking a guided tour between 10a.m. and 7p.m. Monday to Saturday and between 12.30a.m. and 7p.m. on Sundays and St. Patrick's Day. No sales are permitted on Christmas Day.
- It is an offence to sell alcohol or allow alcohol to be sold at a brewery or distillery without the necessary licence, or in breach of the licensing conditions. The penalty for doing so is a fine of €5,000.
- The new Act provides that once a producer's retail licence is issued to a brewery or distillery, any other licence attached to the premises (aside from the manufacturing licence) will be extinguished.
If you have queries in relation to this Act, or any other Betting & Gaming queries, please contact a member of the Betting, Gaming and Licensing team.
Date published: 18 September 2018