STATUTORY INSTRUMENTS.

S.I. No. 4 of 1999.

INTOXICATING LIQUOR ACT, 1988 (AGE CARD) REGULATIONS, 1999.

S.I. No. 4 of 1999.

INTOXICATING LIQUOR ACT, 1988 (AGE CARD) REGULATIONS, 1999.

I, John O'Donoghue, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 40 of the Intoxicating Liquor Act, 1988 ( No. 16 of 1988 ), as adapted by the Justice (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 298 of 1997 ) hereby make the following regulations:

PART I

PRELIMINARY

Citation.

1. These Regulations may be cited as the Intoxicating Liquor Act, 1988 (Age Card) Regulations, 1999.

Commencement.

2. These Regulations shall come into operation three months after the date on which they are made.

Definitions.

3. In these Regulations--

“age card” means a card issued under these Regulations;

“applicant” means a person who makes an application for an age card under these Regulations;

“Commissioner” means the Commissioner of the Garda Síochána;

“designated member” means the member of the Garda Síochana designated by the Commissioner to manage the procedure for the preparation and, where appropriate, the issue of age cards;

“District Officer” means the Superintendent of the Garda Síochána in charge of the Garda Síochána district;

“Garda Síochána Community Relations Section” means the Garda Síochána Community Relations Section situated at Harcourt Square, Dublin, 2;

“issuing body” has the meaning assigned to it by Regulation 5(6);

“member in charge” means the member of the Garda Síochána who is in charge of a Garda Síochána station at a time when the member in charge of a station is required to do anything or cause anything to be done pursuant to these Regulations.

PART II

APPLICATION AND AUTHENTICATION PROCEDURE

4. (1) Any person who has attained the age of 18 years may apply for an age card.

(2) The applicant shall present in person his or her application in writing to the member in charge of the Garda Síochána station for the area in which he or she normally resides.

(3) The application shall be in the form set out in the First Schedule to these Regulations, accompanied by:

(a) the applicant's birth certificate,

(b) at least one other document which confirms the identity of the applicant,

(c) two recent identical passport size photographs of the head and shoulders of the applicant, and

(d) the fee prescribed in the Second Schedule to these Regulations.

(4) If the member in charge is satisfied of the identity of the applicant and that he or she has attained the age of 18 years, the member shall authenticate the application by:

(a) countersigning the application form,

(b) endorsing each of the two photographs of the applicant, and

(c) stamping the application form with the official stamp of the Garda Síochána station.

(5) If the member in charge is not satisfied, on the basis of the application, of the identity of the applicant, or that he or she has attained the age of 18 years, the member shall make whatever other reasonable enquiries he or she deems necessary or shall request the applicant to produce whatever reasonable information the member deems necessary, to establish the identity or verify the age of the applicant.

(6) Where the member in charge is satisfied, on the basis of enquiries made or information given under the procedure in Regulation 4(5), of the identity of the applicant and that he or she has attained the age of 18 years, the member shall authenticate the application in the manner outlined in Regulation 4(4).

(7) When the member in charge has authenticated the application he or she shall forward the countersigned application form together with the photographs duly endorsed to the Garda Síochána Community Relations Section and the prescribed fee to the District Officer.

(8) Where the member in charge is satisfied of the identity of the applicant and that he or she has attained 18 years of age the member shall return the birth certificate and other form or forms of identity to the applicant.

(9) Where, having followed the procedure at Regulation 4(5), the member in charge is not satisfied of the identity of the applicant or that he or she has attained 18 years of age, the member shall:

(a) refuse to countersign the application form,

(b) refuse to endorse the photographs, and

(c) return the application form and photographs in question together with the birth certificate, other form or forms of identity and prescribed fee to the applicant.

PART III

PROCEDURE FOR THE PREPARATION AND ISSUE OF AGE CARDS

5. (1) When an application has been received in the Garda Síochána Community Relations Section in accordance with Regulation 4(7), the designated member shall, subject to the provisions of Regulation 5(6), arrange for the preparation in that section of an age card for the applicant as soon as possible.

(2) Every age card so prepared shall have on its front the following:

(a) the name of the applicant,

(b) the date of birth of the applicant,

(c) one photograph of the applicant, as endorsed by the member in charge, and

(d) any security features, including a hologram, deemed by the designated member to be desirable to prevent forging, tampering with or altering, an age card.

(3) Every age card shall have the following words printed on its back;

This age card has been issued by the Garda Síochána [or with the agreement of the Garda Síochána] in accordance with Regulations made by the Minister for Justice, Equality and Law Reform under section 40 of the Intoxicating Liquor Act, 1988 , in order to confirm that the person to whom it has been issued has attained the legal age for the purchase of intoxicating liquor. It does not confer on the holder the right of entry to any licensed premises.

Is é an Garda Síochána a d'eisigh an t-aoischárta seo [nó eisíodh é le comhaontú an Gharda Síochána] de réir Rialachán arna ndéanamh ag an Aire Dlí agus Cirt, Comhionannais agus Athchóirithe Dlí faoi alt 40 den Acht Deochanna Meisciúla, 1988, d'fhonn a dhaingniú go bhfuil an aois dhlíthiúil chun deochanna meisciúla a cheannach slánaithe ag an duine ar eisíodh chuige nó chuici é. Ní thugan sé an ceart don sealbhóir dul isteach in aon áitreabh ceadúnaithe.

(4) The Garda Síochána Community Relations Section shall retain the application form together with one photograph of the applicant as part of its records for the period of three years, after which period of time the records in question shall be destroyed.

(5) As soon as practicable after an age card has been prepared, the designated member shall arrange for it to be issued to the applicant.

(6) Notwithstanding the provisions of Regulation 5(1), the Commisioner may, as an alternative to age cards being prepared in the Garda Síochána Community Relations Section, enter into an arrangement with any body, to be known as the “issuing body”, whereby the body concerned shall prepare and issue age cards on behalf of the Garda Síochána.

(7) Where an arrangement as provided in Regulation 5(6) has been entered into, the following provisions shall apply:

(a) on receipt of an application, the designated member shall arrange for one photograph and the application form to be forwarded to the issuing body,

(b) the issuing body, having prepared the age card, shall issue it to the applicant and shall return the application form to the designated officer with confirmation that the age card has issued.

(8) An age card prepared by the issuing body shall be in the same format, and contain the same information, as set out in Regulations 5(2) and 5(3).

(9) The provisions of Regulation 5(4) relating to the retention of records shall also apply to the Garda Síochána Community Relations Section where the age cards are prepared by an issuing body.

FIRST SCHEDULE

AN CHÉAD SCEIDEAL

FORM 1

FOIRM 1

Application for Age Card

Iarratas ar Aoischárta

(for the purposes of the Intoxicating Liquor Act, 1988 (Age Card) Regulations, 1999)

(chun críocha na Rialachán um an Acht Deochanna Meisciúla, 1988 (Aoischárta), 1999)

Applicant's Surname:

Sloinne an Iarratasóra: ___________________________________________________________________

Applicant's First Name(s)

Túsainm(neacha) an Iarratasóra: ____________________________________________________________

Applicant's Date of Birth:

Dáta Breithe an Iarratasóra: _______________________________________________________________

Applicant's Permanent Address:

Seoladh Buan an Iarratasóra: ______________________________________________________________

______________________________________________________________

Applicant's Phone Number: _______________________________________________________________

Uimhir Theileafóin an Iarratasóra: ___________________________________________________________

Documents Attached:

Doiciméid ag gabháil leis an Iarratas: 1. _______________________________________________________

2. _______________________________________________________

3. _______________________________________________________

Prescribed Fee Submitted:

Táille fhorordaithe faoi iamh: _______________________________________________________________

Signature of Applicant:

Síniú an Iarratasóra: ______________________________________________________________________

Name of Member in Charge:

(Block letters)

Ainm an Chomhalta i gCeannas: _____________________________________________________________

(Bloclitreacha)

Signature of Member in Charge:

Síniú an Chomhalta i gCeannas: ______________________________________________________________

SECOND SCHEDULE

AN DARA SCEIDEAL

PRESCRIBED FEE

The fee accompanying an application under Regulation 4(3) shall be £5.00.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations provide for a voluntary, national age card scheme. The cards can be obtained by persons who have attained 18 years of age in order to confirm that they have attained the legal age for the purchase of intoxicating liquor.