STATUTORY INSTRUMENTS.

S.I. No. 222 of 2000.

RETAIL PRICES (BEVERAGES IN LICENSED PREMISES) (NO. 2) ORDER, 2000.

S.I. No. 222 of 2000.

RETAIL PRICES (BEVERAGES IN LICENSED PREMISES) (NO. 2) ORDER, 2000.

I, TOM KITT, Minister of State at the Department of Enterprise, Trade and Employment, in exercise of the powers conferred on me by sections 22A and 22C (inserted by the Prices (Amendment) Act, 1965 (No. 23 of 1965) , as amended by the Prices (Amendment) Act, 1972 (No. 20 of 1972) ) of the Prices Act, 1958 (No. 4 of 1958) , (as adapted by the Enterprise and Employment (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I.No. 305 of 1997 )), the Enterprise, Trade and Employment (Delegation of Ministerial Functions) (No. 2) Order, 1997 ( S.I. No. 330 of 1997 ), and the Prices Stabilisation Order, 2000 ( S.I. No. 209 of 2000 ), hereby order as follows:

1. (1) This Order may be cited as the Retail Prices (Beverages in Licensed Premises) (No. 2) Order, 2000.

(2) The Order shall come into operation on the 14th day of July, 2000.

2. This Order shall apply to all areas of the State.

3. This Order applies to the following beverages--

(a) draught stout, sold by the pint or 568 millilitres,

(b) draught ale, sold by the pint or 568 millilitres,

(c) draught lager, sold by the pint or 568 millilitres,

(d) draught cider, sold by the pint or 568 millilitres,

(e) stout, sold in bottles of a capacity of 330 millilitres,

(f) ale, sold in bottles of a capacity of 330 millilitres,

(g) lager, sold in bottles of a capacity of 330 millilitres,

(h) cider, sold in bottles of a capacity of 330 millilitres,

(i) whiskey, sold by the glass or 35.5 millilitres,

(j) vodka, sold by the glass or 35.5 millilitres,

(k) gin, sold by the glass or 35.5 millilitres,

(l) carbonated beverage, sold in bottles of a capacity of 200 millilitres,

(m) carbonated beverage having a cola base, sold in bottles of a capacity of 200 millilitres,

(n) mixer, sold in bottles of a capacity of 113 millilitres,

(o) water, sold in bottles of a capacity of 250 millilitres,

(p) wine, sold in bottles of a capacity of 187 millilitres,

4. (1) The maximum price charged in any particular part of any premises at any particular time of day for a beverage to which this Order applies shall be the price obtaining for that beverage on 15 May 2000 in that part of those premises at that time of day.

(2) Where there was no price obtaining in the part of the premises concerned for a particular time of day on 15 May 2000 in respect of a beverage to which this Order applies the price for that beverage shall be deemed, for the purpose of paragraph (1) of this Article, to be the price that most recently obtained in that part on 15 May 2000 for that beverage.

(3) In paragraph (2) of this Article “price that most recently obtained” means the price that obtained immediately before or, as the case may be, most recently before the first-mentioned time.

(4) The price obtaining on 15 May 2000 in any particular part of any premises at any particular time of day for a beverage to which this Order applies shall, unless the contrary is shown, be deemed to be no greater than the price charged at any date after 15 May 2000 in that particular part of the premises at that particular time for that beverage.

(5) In this Order “premises” means a premises in which intoxicating liquor is sold for consumption on that premises.

5. (1) For the purpose of Article 4 of this Order, the price specified for a beverage to which this Order applies in any books, documents or records for any particular part of any premises for any given date at any particular time of day shall, unless the contrary is shown, be deemed to be the price charged for that particular part on that date at that particular time for that beverage.

(2) For the purpose of Article 4 of this Order, where, in any books, documents or records--

(a) more than one price is specified to be the price obtaining on 15 May 2000 for a beverage to which this Order applies, and

(b) the particular part of the premises in which, or the particular time of the day at which, those specified prices obtained is not specified,

the lower of the specified prices shall, unless the contrary is shown, be deemed to be the price obtaining on 15 May 2000 for that beverage in any particular part of that premises at any time of the day.

(3) For the purpose of Article 4 of this Order, where, in any books, documents or records--

(a) one price only is specified to be the price obtaining on 15 May 2000 for a beverage to which this Order applies, and

(b) the particular part of that premises in which, or the particular time of the day at which, that price obtained for that beverage is not specified,

the specified price shall, unless the contrary is shown, be deemed to be the price obtaining for that beverage in any particular part of that premises at any time of the day.

6. This Order shall remain in force for a period of 6 months from the date on which it is made.

7. The Retail Prices (Beverages in Licensed Premises) Order, 2000 ( S.I. No. 210 of 2000 ) is revoked.

EXPLANATORY NOTE.

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

While this Order revokes the earlier Order of 6th July 2000 ( S.I. No. 210 of 2000 ), it does not alter in any way the substance of the new price controls on the 16 beverages concerned. Rather, this Order clarifies certain aspects of the enforcement of the controls, principally by providing a wider range of options for ascertaining the 15th May 2000 comparator price for each of the 16 beverages; and indicating that the maximum price charged shall be the price on 15 May 2000.