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Lidl Alcohol Purchase

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    #62
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    MrBobbyZ wrote: »
    It gets even worse, the act forbids sale of alcohol to anyone intoxicated. That bit makes sense until you realise that its not always very easy to tell if a person is intoxicated or not. And as far as I am aware, only two professions are leaglly qualified to make to make that assessment (Medical Doctor & Gardai).

    A publican by is a professional and can for the purpose of the act make a determination that a person is intoxicated.


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    #63
    conorh91
    Registered Users Posts: 3,328 ✭✭✭conorh91


    MrBobbyZ wrote: »
    It gets even worse, the act forbids sale of alcohol to anyone intoxicated. That bit makes sense until you realise that its not always very easy to tell if a person is intoxicated or not. And as far as I am aware, only two professions are leaglly qualified to make to make that assessment (Medical Doctor & Gardai).

    S.2 of the Intoxicating liquor Act 2003 sets a much higher threshold for establishing drunkenness than would be applied by a medical doctor or a member of AGS in the course of alcohol breath-testing, for example.

    The test is—
    “drunken person” means a person who is intoxicated to such an extent as would give rise to a reasonable apprehension that the person might endanger himself or herself or any other person

    A court would therefore ask itself whether a reasonable man, having regard to all the circumstances, would form an apprehension of danger.

    It is not sufficient for the person merely to be drunk in a technical sense.

    For example the High Court has previously held that a publican may continue to serve alcohol to a person who would be too drunk to drive a car.


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    #64
    Karede
    Registered Users Posts: 29 ✭Karede


    Michael D Not Higgins wrote: »
    This is the problem with enforcement of the law. You'll eventually get flak for asking the wrong person. Can you not just take it as someone doing their job and show ID? What's the harm if some people in their 20s and 30s have to show ID if it means the teenagers aren't getting their hands on easily accessible alcohol?

    Ah come on, common sense needs to be used. When i'm going out to do my weekly family shop I don't want to have to run around the house looking for my passport!


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    #65
    Bepolite
    Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Karede wrote: »
    Ah come on, common sense needs to be used. When i'm going out to do my weekly family shop I don't want to have to run around the house looking for my passport!

    I think you've skipped over some of the points in this thread.


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    #66
    ekimiam
    Registered Users Posts: 163 ✭✭ekimiam


    I think we are against the american style ID'ing everyone even the over 50's.
    we shouldn't need to be that draconian to stop drunken teenagers,
    what we need would be min price alcohol laws and an effective police force.


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    #67
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    ekimiam wrote: »
    I think we are against the american style ID'ing everyone even the over 50's.
    we shouldn't need to be that draconian to stop drunken teenagers,
    what we need would be min price alcohol laws and an effective police force.

    What we need is an adult population that doesn't spend their weekends pissed out of their heads and parents who give a damn.


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    #68
    ekimiam
    Registered Users Posts: 163 ✭✭ekimiam


    Little CuChulainn wrote: »
    What we need is an adult population that doesn't spend their weekends pissed out of their heads and parents who give a damn.

    and fluffy little clouds to carry us home.....


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    #69
    amdublin
    Moderators, Category Moderators, Arts Moderators, Entertainment Moderators Posts: 20,648 CMod ✭✭✭✭amdublin


    Why the references to 4 year old children and 12 year old children?

    A child standing beside you proves nothing.


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    #70
    Carawaystick
    Registered Users Posts: 8,779 ✭✭✭Carawaystick


    the proper antisocial thing to do woulkd be to buy some frozen food and kick up if refused alcohol, until the frozen food has melted... then calling the health inspectors saying the shop was refreezing it...

    Seriously though, I think the age card law would not stand up to challenge, with foreign resident citizens unable to get one during a short visit, and resident citizens turning 18 unable to get one for a while,
    and homeless citizens unable to get one at all


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    #71
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Carawaystick wrote: »
    the proper antisocial thing to do woulkd be to buy some frozen food and kick up if refused alcohol, until the frozen food has melted... then calling the health inspectors saying the shop was refreezing it...

    Seriously though, I think the age card law would not stand up to challenge, with foreign resident citizens unable to get one during a short visit, and resident citizens turning 18 unable to get one for a while,
    and homeless citizens unable to get one at all

    The law was challenged and to the best of my knowledge is awaiting a hearing in the Supreme Court.


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