Charged (Intoxicating Liquor Act 2003) alcohol consumption within 100m of offlicence

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black_pearl

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Hi everyone,
A few months back, a few friends and I were stopped by a garda with open bottles of alcohol outside an offlicence where we'd just purchased them. We opened them ourselves. Our names were taken and we've just been charged with an offence under s17(5) of the Intoxicating Liquor Act 2003 for consumption of alcohol within 100 meters of an off-licence. Apparently we're each liable for a €300 fine.

I've been to my solicitor but he's on holidays until September so I've received advice from his secretary but she wasn't that sure of the advice she was giving - she hadn't actually realized that this was an offence! What I want to know (to calm myself down in the meantime!) is:

1-Does the fact that we didn't (as far as I can remember) actually consume the alcohol make any difference? The bottles WERE open but the garda came over so fast I don't think any of us actually drank anything.

2-If we get fined will such a conviction stay on our records? (One of us is a trainee teacher, another is sitting FE1 exams with a view to becoming a solicitor.) None of us have previous convictions and we were extremely co-operative with the garda, none of us were intoxicated at the time. We're extremely worried as to what implications this could have for us in the future.

I know that the off-licence is being taken to court with selling the alcohol to us.

Please don't give out - we know what we did was wrong, and aren't proud of it but it was just a lapse of good judgement. Any advice?
 
That section of the act says:

(5) Any person who consumes any intoxicating liquor supplied by the licensee in a closed container for consumption off the licensed premises in a place which is within 100 metres of those premises is guilty of an offence and liable on summary conviction to a fine not exceeding €300.

If you can prove you didn't, or more correctly if the Garda can't prove you did "...consume..." you shouldn't be convicted...

Pity anyone who lives less than 100 metres for their local offie!:)
 
Re: Charged (Intoxicating Liquor Act 2003) alcohol consumption within 100m of offlice

It must have been a slow day for plod! My guess is that if it goes to court, the judge will throw it out, and probably give the prosecuting guard an ear bashing for timewasting..
daithi
 
Re: Charged (Intoxicating Liquor Act 2003) alcohol consumption within 100m of offlice

I know that the off-licence is being taken to court with selling the alcohol to us.
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Why?

Marion
 
Re: Charged (Intoxicating Liquor Act 2003) alcohol consumption within 100m of offlice

black_pearl said:
Hi everyone,
A few months back, a few friends and I were stopped by a garda with open bottles of alcohol outside an offlicence where we'd just purchased them. We opened them ourselves. Our names were taken and we've just been charged with an offence under s17(5) of the Intoxicating Liquor Act 2003 for consumption of alcohol within 100 meters of an off-licence. Apparently we're each liable for a €300 fine.

I've been to my solicitor but he's on holidays until September so I've received advice from his secretary but she wasn't that sure of the advice she was giving - she hadn't actually realized that this was an offence! What I want to know (to calm myself down in the meantime!) is:

1-Does the fact that we didn't (as far as I can remember) actually consume the alcohol make any difference? The bottles WERE open but the garda came over so fast I don't think any of us actually drank anything.

2-If we get fined will such a conviction stay on our records? (One of us is a trainee teacher, another is sitting FE1 exams with a view to becoming a solicitor.) None of us have previous convictions and we were extremely co-operative with the garda, none of us were intoxicated at the time. We're extremely worried as to what implications this could have for us in the future.

I know that the off-licence is being taken to court with selling the alcohol to us.

Please don't give out - we know what we did was wrong, and aren't proud of it but it was just a lapse of good judgement. Any advice?
Click to expand...

You're almost a solicitor - surely you should know the answer?
 
Re: Charged (Intoxicating Liquor Act 2003) alcohol consumption within 100m of offlice

The whole thing sounds like a load on nonsense to me. So are you allowed to drink 101 metres away from an off-licence? Did the garda get a measuring tape out? How many people even know that this law exists?

The sickening thing is that while tax payers' money is being wasted on this, criminals seem to have free reign to do whatever they like.
 
Re: Charged (Intoxicating Liquor Act 2003) alcohol consumption within 100m of offlice

umop3p!sdn said:
The whole thing sounds like a load on nonsense to me.
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I agree - this thread looks suspiciously like a wind up to me personally.
 
I wish it was a wind up. Theres two reasons I believe the prosecution is being taken. First, it was rag week in my university so there were a lot of people out and therefore a lot of gardai.

Second, I've had a chat with the owner of the bar, who I know on a personal level, and apparantly their neighbour had complained regularly to the gardai of noise from the off-licence, and indeed had complained that evening. Because of this a garda was sent down to keep an eye on things. Later we came along and were caught.

This is a website which has been extremely useful to me in the past and I respect and am thankful for replies to my query. This is not a wind-up, I would not dream of wasting contributors time. I am indeed studying for my FE1s, however if I have questions the obvious person to ask is a college lecturer/tutor. Because I find this incident extremely embarrassing, especially as a law student, I do not feel I can approach any lecturer/tutor, for advice. My solicitor is on holidays and I'm anxious about my situation in the meantime. I'm sorry you seem to think that this is not genuine, I can only assure you that it is. I wish it wasn't.
 
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Get over the embarassment...it could get worse. Go to a lecturer, I guarantee he/she will have heard a lot worse!! Find out if there's anything you should be doing before your solicitor gets back. I doubt this will be on your permanent record, or indeed have any effect, other than on your pocket...a fine. Good Luck.
 
Re: Charged (Intoxicating Liquor Act 2003) alcohol consumption within 100m of offlice

Will the guard be able to provide evidence that you purchased the drink in that particular off licence?
 
The relevant section of the Act is [broken link removed].

Does a paying a fine (resulting from a summary conviction) for a minor offence necessarily mean that you have a criminal record? I'm not sure that it does.
 
CCOVICH said:
The relevant section of the Act is [broken link removed].

Does a paying a fine (resulting from a summary conviction) for a minor offence necessarily mean that you have a criminal record? I'm not sure that it does.
Click to expand...

Also for some minor offences where a conviction might matter I think I have heard of Judges sometimes not recording a conviction at all in exchange for a donation to the poor box.
 
I would definitely go to a lecturer, I knew two law students in college who were arrested for diving into hedges in peoples gardens. Neither of them were particularly studious or had a great attendance record but the lecturer was incredibly helpful. They've seen it all, it goes with the territory of lecturing law to students!
 
Re: Charged (Intoxicating Liquor Act 2003) alcohol consumption within 100m of offlice

Unless you intend to plead not guilty and require the Garda to provide evidence that you purchased the drink in the off licence mentioned, that he measured the 100yds and that you actually consumed the drink, you are guilty. The issue of not having actually consumed the drink is interesting, just having an open bottle may not be an offence under that particular section and act, I'm not sure if you can be prosecuted again under different legislation for the same circumstances. I'm pretty sure the guard will say he saw you purchase the drink and that he saw you consume it so you're guilty.

Presumably you are going to plead guilty, after that it's up to the judge, I don't see what any lecturer can for you. Hopefully the prosecuting Garda won't turn up in which case you should request a strike out. If you apply for free legal aid the case will likely be set back for another day, more hassle as you'll likely just plead guilty in the end.

You say the off licence is also being charged, I don't know why. Unless you are underage which is unlikely.
 
Re: Charged (Intoxicating Liquor Act 2003) alcohol consumption within 100m of offlice

JoeBallantin said:
You say the off licence is also being charged, I don't know why. Unless you are underage which is unlikely.
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It's outlined in the Act (linked above)

(2) A licensee is guilty of an offence if, with the licensee's privity or consent, intoxicating liquor supplied by the licensee in a closed container for consumption off the premises is consumed in a place which is within 100 metres of those premises.
 
This is very hard on the off license! How are they expected to control what goes on 'up the road'?
 
Re: Charged (Intoxicating Liquor Act 2003) alcohol consumption within 100m of offlice

"with the licensee's privity or consent"

The Off-licence are unlikely to be successfully prosecuted - as they did not consent to the OP drinking.
 
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