§ Mr. MOONEYasked the Attorney-General for Ireland whether occasional licences could be granted in Ireland for premises already licensed for the sale of liquor; and whether the time during which intoxicating liquor may be sold on licensed premises could be extended on such occasions as a public ball or dinner being held on such licensed premises; if so, would he state under what Act or Acts; whether he was aware that under Section 29, c. 94, of 35 and 36 Vict., Intoxicating Liquor (Licensing Act), the reference note to which is, local authority may grant occasional licence exempting from provisions relating to closing during certain hours, it is provided that if any licensed victualler or keeper of refreshment house in which intoxicating liquors are sold applies to the local authority of a licensing district for a licence exempting him from the provisions of the Act relating to closing of premises on any special occasion, it shall be lawful for such local authority in his discretion, if he thinks fit to do so, to grant to the applicant an occasional licence exempting him from the provisions of the Act relating to the closing of premises during certain hours, and on the special occasion to be specified in the licence; whether this Act applies to Ireland; whether he was aware that with a view to the convenience of the public this Act is habitually used in England and has in the past been used in Ireland; if so, whether he could now state why these licences have been stopped in Dublin; and whether the Law Officers of the Crown would advise the continuance of these discretionary powers, which in the past have been used for the benefit and convenience of the public?
§ The ATTORNEY-GENERAL for IRELAND (Mr. Cherry)The Irish Licensing Laws do not permit the issue of an occasional 1807 licence for premises already licensed in the ordinary way for the sale of liquor. Such occasional licences can only be issued for "such other place" as the Commissioners' of Inland Revenue may approve. I am not aware of any power to extend the time during which intoxicating liquor may be sold on licensed premises on the occasion of a public ball or dinner, but an exemption order may be granted under the provisions of the Licensing Act (Ireland), 1874, for the accommodation of any considerable number of persons attending any public market or fair, by which the hours of sale on licensed premises may be under certain conditions extended. The provisions of the 29th Section of 35 and 36 Vict., c. 94, are, I think, correctly stated in the question, but that Section does not apply to Ireland. I cannot say to what extent it has been availed of in England, and I am not aware that any Order purporting to be under it has ever been issued in Ireland. Such an Order would be quite irregular. The Law Officers of the Crown can only advise the exercise of discretionary powers for which there is statutory authority; and of such powers they will in every way facilitate the exercise for the benefit and convenience of the public.
§ Mr. MOONEYIs it not a fact that a discretionary power, up to a very recent period, was exercised by the police in Dublin and that the discretionary power was done away with not on account of any abuse, and in the public interest can he not say that a discretionary power should be exercised?
§ Mr. CHERRYI am not aware of any discretionary power ever having been exercised. It was certainly never exercised with my sanction as Attorney-General. But it may be that cases have occurred when the police did not prosecute. It is extremely probable that that is the case. But if the question is raised by the police and they ask whether they ought to prosecute or not, we can only give them one answer, to insist on the law being complied with.
§ Mr. MOONEYIf the Licensing Act of 1874 does not apply to Ireland, under what Act are occasional licences granted? Is it under the Act of 1863, and, if so, can they be granted for any hour?
§ Mr. CHERRYOccasional licences, I think, are granted under the Act of 1872, and I do not think there is any restriction about one hour after sunset—it is such 1808 time as the magistrates may think convenient.