The Law in relation to 30 minutes drinking up time

podgeandrodge

Was in a nightclub last night and they said the bar was open to 3.30am - and sure enough it was - ordered my last drink at 3.29am and the lights came on at 3.30am sharp.

However, the bouncers started kicking us out at 3.35am and there was no way I could enjoy the drink I had just purchased.

The intoxicating liquor act refers to "the provision of entertainment during the 30 minutes drinking-up time that is permitted under existing provisions." -

Does this mean that nightclubs have to provide 30 minutes or just that they can?

Something seems wrong that they can sell you a drink and kick you out 5 minutes later?

IrishWhiskeyCha

I was of the opinion that the 30min drinking up time was just for pubs with the normal drinking hours. Don't think it was ever a case with night clubs to have 30min drinking up time eventhough it probably took them 30mins to clear the place anyway. Now you have a situation that at 3.30am all the bouncers want to do is get home so they are on a charge to get people out

Jev/N

Which Act are you referring to?

The law is that the bar is to be closed as of 02:30am, Monday morning 01:00am.

edit: 30 minutes drinking up time does not apply to exemptions, according to the 2003 Act. Also, entertainment is not allowed to be provided.

the beer revolu

Not sure of the law in your specific case but it is something that really annoys me when bouncers start hassling you before closing time by shouting at you and making you move from your seat.
As far as I'm concerned, if I am still on the premises after drinking up time I have no argument to make and they can behave as they like (within the bounds of the law) but until then, leave me alone to enjoy the drink I purchased, wherever I happen to be on the premises.
And yes I have worked in bars and do understand how annoying it is when customers won't leave by shutting up time!

podgeandrodge

Jev/N wrote: »

Which Act are you referring to?

The law is that the bar is to be closed as of 02:30am, Monday morning 01:00am.

edit: 30 minutes drinking up time does not apply to exemptions, according to the 2003 Act. Also, entertainment is not allowed to be provided.

The 2003 act section 12 says:


12.—(1) Section 7 (drinking-up time) of the Act of 1962 is
amended by the insertion of the following subsections:
‘‘(3) A licensee shall not provide or permit entertainment to
be provided during the period of thirty minutes referred to in
subsections (1) and (2).

but I don't see where it says the 30 minutes themselves don't apply?

And the 1962 Act Section 7 (drinking up time) says:

Time for consumption of intoxicating liquor supplied during permitted hours. 7.—(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 ten minutes commencing at the beginning of a period during which the sale of intoxicating liquor on licensed premises is prohibited.

[GA] ( b ) For the purposes of paragraph (a) of this subsection a period during which the sale of intoxicating liquor in licensed premises is permitted by or under any provision of the Licensing Acts (other than section 2 of the Act of 1927) shall be deemed to be a period during which such sale is prohibited on such premises.

[GA] (2) ( a ) Nothing in the Registration of Clubs Acts, or contained, by virtue only of subsection (1) of section 56 of the Act of 1927, in the rules of a club registered under those Acts shall operate to prohibit the consumption of excisable liquor on the club premises by any person during the period of ten minutes commencing at the beginning of a period during which the supplying of excisable liquor on such premises is prohibited.

[GA] ( b ) For the purposes of paragraph (a) of this subsection a period during which the supplying of excisable liquor on club premises is permitted by or under any provision of the Registration of Clubs Acts (other than subsection (1) of section 56 of the Act of 1927) shall be deemed to be a period during which such supplying on such premises is prohibited.


So I am assuming (quite possibly wrongly)that it applies to night clubs as well.

I don't know what license the club had to serve until 3.30am but either way I would be surprised if the law didn't allow someone to be able to consume the drink they legally purchased 2 minutes later.

Jev/N

You're probably right in relation to nightclubs, but I think once you've gone beyond 2.30, in terms of serving alcohol, they can do whatever they like at 3:01, as people should have been out by then anyway, if the rules had been followed.

Ham'nd'egger

Time to dig out my copy of "The Licensed Trade, A Users Handbook".

According to it, drinking up time is legally permitted regardless of if the licence is for a regular pub or exempted for a night club. However, this time is at the behest of the venue so if they so wish they can boot you out earlier.

Let it be made clear, any licenced venue are entitled to close their doors earlier than their legal hours if they wish, regardless of what time they sold you drink.

Jev/N

Oh BTW, there are no 'nightclub licences', it's just exempted pub licences in reality, thanks to the 2008 Act

podgeandrodge

Hamndegger wrote: »

Let it be made clear, any licenced venue are entitled to close their doors earlier than their legal hours if they wish, regardless of what time they sold you drink.

Very interesting! Maybe I should try it from a consumer perspective - see on the consumer agency's website that "You are entitled to expect goods to be of merchantable quality, fit for their intended purpose" - at this particular time the drink was not fit for it's purpose given that I couldn't drink it

So, and purely from a sour grapes (no pun intended) perspective, does anyone know if this nightclub in Dublin could possibly have got an exemption to serve until 3.30am and can they be caught on this if I chose to do so?

I know the whole thing is not a great deal but I seriously resent being sold a drink and then told to leave the premises as soon as I get it in my hand!

the beer revolu

podgeandrodge wrote: »

Very interesting! Maybe I should try it from a consumer perspective - see on the consumer agency's website that "You are entitled to expect goods to be of merchantable quality, fit for their intended purpose" - at this particular time the drink was not fit for it's purpose given that I couldn't drink it

So, and purely from a sour grapes (no pun intended) perspective, does anyone know if this nightclub in Dublin could possibly have got an exemption to serve until 3.30am and can they be caught on this if I chose to do so?

I know the whole thing is not a great deal but I seriously resent being sold a drink and then told to leave the premises as soon as I get it in my hand!

It is incredibly caviller customer service, alright.
Don't go back.

Ham'nd'egger

podgeandrodge wrote: »

Very interesting! Maybe I should try it from a consumer perspective - see on the consumer agency's website that "You are entitled to expect goods to be of merchantable quality, fit for their intended purpose" - at this particular time the drink was not fit for it's purpose given that I couldn't drink it

I'd doubt it would hold up as a consumer right but try it, please

podgeandrodge wrote: »

So, and purely from a sour grapes (no pun intended) perspective, does anyone know if this nightclub in Dublin could possibly have got an exemption to serve until 3.30am and can they be caught on this if I chose to do so?

The Law of 2008 says 2:30AM is the absolute latest time a venue can serve. If a venue serves any later then they are breaking the Law. You are also breaking the Law by being on the premises later, you bold boy;)

podgeandrodge wrote: »

I know the whole thing is not a great deal but I seriously resent being sold a drink and then told to leave the premises as soon as I get it in my hand!

Agreed. It is bad form but when did a Nightclub ever do good form?:rolleyes:

BenShermin

Surely there has to be exeptions to the law. I know a good few places in Dublin serving until 0330hrs, and given the popularity of these establishments it's doubtful that they'd be breaking the law for fear of a Garda raid.

Ham'nd'egger

BenShermin wrote: »

Surely there has to be exeptions to the law. I know a good few places in Dublin serving until 0330hrs, and given the popularity of these establishments it's doubtful that they'd be breaking the law for fear of a Garda raid.

Ben, the Law clearly specifies 2:30AM as being the latest that any premises can serve with an exempted licence and as such there is no exception. Now that said, it is up to a venue to serve later and risk breaking the Law and their licence terms and it's up to the Gardaí to enforce, visit or raid any premise that may be flouting same if they so wish. It appears that a softly softly approach is being taken by the Gardaí so long as you have a clean bib, so to speak.