Regulation and Control of the Consumption of Intoxicating Substances in Public Places Bye-Laws

Water, Waste and
Environment
Tel: (065) 6821616

 

Regulation and Control of the Consumption of Intoxicating Substances in Public Places Bye-Laws

Whereas the authority is of the opinion that it is desirable in the interests of the common good of the local community within the functional area that certain activities and/or matters should be regulated and controlled and that nuisances should be controlled or suppressed and whereas the authority further of the opinion that it is desirable that a bye-Law be made for this purpose now the authority in exercise of the powers conferred on it by Sections 199 and 200 of the Local Government Act, 2001 and all other statutory powers on that behalf hereby makes the following bye-laws:

  1. These bye-laws shall be cited as the County Clare (Regulation and Control of the Consumption of Intoxicating Substances in Public Places) bye-laws, 2006.

  2. In these bye-laws, except where the context otherwise requires, the following words and phrases shall have the following meanings respectively:

    1. "authorised person" means a person authorised in writing by the authority pursuant to the Local Government Act, 2001.
    2. "the authority" means Clare County Council.
    3. "footpath", "footway" and "road" have the meanings assigned to them respectively by the Roads Act, 1993.
    4. "Functional Area" means the entire area of County Clare exclusive of any town which has a town council situated in it.
    5. "Intoxicating Substance" means any intoxicating liquor, alcoholic drink, drug (other than a drug lawfully supplied by a chemist on a medical prescription) or any other gas, solvent or other chemical substance or combination of substances having or capable of having an effect similar to intoxicating liquor or a drug.
    6. "public place" includes:
      • any footpath, footway or road in the functional area,
      • any highway,
      • any cemetery, church, churchyard or the curtilage of any church,
      • any premises, outdoor area,
      • any part of the foreshore, on board a boat or vessel berthed in a bay within or adjoining the functional area, or
      • other place to which members of the public have or are permitted to have access, whether as of right, as a trespasser, or by express or implied invitation permission or otherwise, or whether on payment or otherwise
      • any train, vessel or vehicle used for the carriage of persons whether for reward or otherwise,
      • any part of the foreshore and any coastal waters within or adjoining the functional area

        but does not include:

      • a private house or dwelling or the garden or curtilage of such house or 
      • dwelling only in so far as it concerns any activity of the owner or occupier or of the person therein or thereon as of right or with the express or implied permission of the owner or occupier
      • any premises licensed for the consumption of intoxicating liquor during the hours authorised for sale and consumption of same pursuant to the Licensing Acts, 1833 to 1988 as amended, or
      • any tables and chairs outside a hotel, restaurant or public house on a public road in respect of which a licence under Section 254 of the Planning and Development Act, 2000 has been granted by the authority and is for the time being in force and subject to compliance with all conditions contained in such licence.

  3. To the extent that no provision has been made under an enactment other than the Local Government Act, 2001 for the purposes of this paragraph a person shall not use, consume, smoke, inject or in any way make use of an intoxicating substance other than intoxicating liquor or alcoholic drink in any place within the functional area and a person shall not have in his possession such an intoxicating substance within the functional area with the intention of using, consuming, smoking, injecting or in any way making use of such intoxicating substance within the functional area or of supplying it to any other person for use, consumption, smoking, injecting or in any way being made use of within the functional area.

    A person shall not consume or attempt to consume intoxicating liquor or an alcoholic drink in a public place within the functional area and a person shall not have in his possession intoxicating liquor or an alcoholic drink in a public place within the functional area with the intention of consuming it in a public place within the functional area or of supplying it to any other person for consumption in a public place within the functional area.

    Nothing in these bye-laws shall prohibit or prevent the authority from issuing licenses or other authorisations permitting conduct, which would otherwise constitute a breach of the terms of these bye-laws. The grant or refusal of any such license or authorisation shall be in the absolute discretion of the authority and shall be subject to or without conditions.

  4. Where an authorised person or a member of the Garda Síochána is of the opinion that an offence is being committed or has been committed under any provision of these bye-laws, the authorised person or member of the Garda Síochána may:-
    • demand the name and address of any person whom the authorised person or member of the Garda Síochána suspects, with reasonable cause, has committed or whom the authorised person or a member of the Garda Síochána finds committing such an offence.
    • demand the name and address of such person and if that demand is refused or the person gives a name or address, which is false or misleading, that person shall be guilty of an offence.

      Where a member of the Garda Síochána is of the opinion that a person is committing or has committed an offence under these bye-laws, that member may arrest such person without warrant.

  5. An authorised person and/or a member of the Garda Síochána may request any person who appears to be contravening or to have contravened a provision of these bye-laws to leave the vicinity or move off or to refrain from any such contravention. Failure to comply with such a request shall be a contravention of this article of these bye-laws and shall be liable on summary conviction in the District Court to a fine not exceeding €1,904.60.

    Where an authorised person and/or a member of the Garda Síochána suspects, with reasonable cause, that an offence under these bye-laws has been committed or is being committed, such authorised person and/or member of the Garda Síochána may seize and confiscate, without warrant any bottle or container which contains an intoxicating substance,  together with it’s contents which is in the possession of such person or persons.

    Where an authorised person and/or a member of the Garda Síochána suspects with reasonable cause that a bottle or container in a public place, situate in the Functional Area (whether or not in the possession of a person) holds an intoxicating substance and further suspects with reasonable cause that an offence under these bye-laws has been or is being or may be committed, such authorised person and/or a member of the Garda Síochána may seize and confiscate, without warrant, any such bottle or container together with it’s contents.

    The disposal of the property seized/confiscated shall be the subject of an order by the Judge of the District Court, where appropriate or in these cases where the seizure/confiscation is not the subject of any court proceedings, the property seized/confiscated shall be the subject of an application by the Garda Superintendent to the District Court under the Police (Property) Act, 1897 for an order as to disposal.

  6. Where an authorised person or member of the Garda Síochána is of the opinion that an offence is being committed or has been committed under any provision of these bye-laws the authorised person or member of the Garda Síochána may serve such person with notice, specifying a fixed payment not exceeding such amount as may be prescribed, in respect of a contravention of a bye-law as an alternative to a prosecution for the contravention and where the bye-law so provides it shall specify: -
    • the amount of the fixed payment, and
    • the period within which it must be paid in order to avoid prosecution
    • the amount of the fixed payment applicable to the fixed payment notice shall be €75.00 and the said notice shall be in the form set out in the schedule hereto in accordance with the Local Government Act, 2001 (bye-laws) Regulations 2006

  7. Any person who contravenes any provision of these bye-laws or who prevents, attempts to prevent or encourages any other person to prevent or attempt to prevent the exercise of an authorised person and/or a member of the Garda Síochána from exercising a power conferred by these bye-laws or who encourages any other person not to comply with a request under Article 4 of these bye-laws shall be guilty of an offence punishable as provided in Section 205 of the Local Government Act, 2001.

These bye-laws shall be known as the County Clare (Regulation and Control of the Consumption of Intoxicating Substances in Public Places) Bye-Laws 2006 and shall come into operation on the 14th day of December, 2006.

Made and adopted under the Common Seal of the County Council of the County of Clare this 13th day of November, 2006.

Content Last Updated/Reviewed: 06/01/10


Back to top