Pub times

MagicSean

I notice some pubs open late tonight ( St Stephens Day) on the understanding that tomorrow is a bank holiday. My understanding is that today is the bank holiday and the fact that it happens to be a Sunday makes no difference. I'm fairly sure that's the way it is in employment law but does anyone know if the same rule applies to licensing law?

Tallon

Sunday can't be a bank holiday, therefore the law doesnt apply, tomorrow is the bank holiday

Tom Young

Tallon wrote: »

Sunday can't be a bank holiday, therefore the law doesnt apply, tomorrow is the bank holiday

Not sure if the above was thought through.

Tomorrow is a public holiday, which might be carried over from the two public holidays over the weekend - Christmas and St. Stephen's/Boxing day. Today/Tonight is a Sunday in normal time, thus the regularised closing time with no exemption is 11 pm with 30 minutess to clear the place.

In order to have a late license this evening under a normal on license, an application would be required to the District Court and a payment made in respect of same. As is the case in many Bank/Public Holidays.

MagicSean

Tallon wrote: »

Sunday can't be a bank holiday, therefore the law doesnt apply, tomorrow is the bank holiday

Why can't it be?

coylemj

The legislation covering Public Holidays stipulates that in the case of holidays which fall on calendar dates, if that event (e.g. St. Patrick's Day, March 17th) falls on a Sunday then the following day will be a Public Holiday.

I don't believe that it explicitly says anywhere that a Public Holiday can't fall on a Sunday, it's just that every Public Holiday is either defined to fall on a Monday or if it's a specific date then the law says that if that dates falls on a Sunday then the Public Holiday falls on the following day.

People often confuse 'Bank Holiday' with 'Public Holiday'. In the case of Good Friday for example, every bank and Government office is closed on that day (as well as all the pubs) but it is not defined as a Public Holiday so if you're an employer you are under no obligation to give your employees the day off or pay them an extra days pay to work on Good Friday.

The issue of what happens when March 17th falls on a Saturday is principally of interest to people like nurses and Gardai who get paid extra for working on Public Holidays. The situation is that even though everyone assumes that the following Monday is a Public Holiday, in fact the Public Holiday falls on the Saturday.

Tallon

coylemj wrote: »

I don't believe that it explicitly says anywhere that a Public Holiday can't fall on a Sunday, it's just that every Public Holiday is either defined to fall on a Monday or if it's a specific date then the law says that if that dates falls on a Sunday then the Public Holiday falls on the following day.

This is what I meant to say, I've been drinking.

It is Christmas after all :pac:

Kristopherus

@ Coylemj, That fine missive dose'nt clarify if Pubs can avoid Sunday hours on a night such as this. My understanding is that if the Public Holiday falls on a Sunday, then Pubs can open as on a week-end night, which has a closing time of 12.30am.Similarly Pubs stay open later on the Sunday nights before the May, June,August & October Public Holiday Mondays.

coylemj

Kristopherus wrote: »

@ Coylemj, That fine missive dose'nt clarify if Pubs can avoid Sunday hours on a night such as this. My understanding is that if the Public Holiday falls on a Sunday, then Pubs can open as on a week-end night, which has a closing time of 12.30am.

Have to confess I have no idea how the pub opening hours are affected by public holidays.

MagicSean

The legislation for opening times indicates that a public holiday is defined under the working time act and this act doesn't allow for the carry over of public holidays to the Monday. In addition, the licensing laws are quite specific with the times yet make no mention of St Stephens Day falling on a Sunday.

mcgarrett

Yesterday was a normal Sunday and closing time was 12.30am (Monday) as Monday was a bank holiday.

Premises applying for special exemptions could seek to stay open until 2.30am, normally on Sunday exemptions are for 1am.

Tom Young

Sorry - Normal non-exempt times for Sunday are 11 pm.

MagicSean

But where does it say Monday is a bank holiday? Sunday was the public holiday.

mcgarrett

Tom Young wrote: »

Sorry - Normal non-exempt times for Sunday are 11 pm.

Except when that Sunday is the day before a public holiday.

Tom Young

mcgarrett wrote: »

Except when that Sunday is the day before a public holiday.

My understanding is that an application is required in those circumstances, but sure you can provide a source to back that up.

mcgarrett

Tom Young wrote: »

My understanding is that an application is required in those circumstances, but sure you can provide a source to back that up.

Here you go Tom, save you searching through Constance Cassidys big book


Prohibited hours generally
S.2(1)271—Save as otherwise provided by this Act, it shall not be lawful for any person to sell
or expose for sale any intoxicating liquor, or to open or keep open any premises for the sale
of intoxicating liquor, or to permit any intoxicating liquor to be consumed on licensed
premises—
(a) at any time on Christmas Day or Good Friday;
(b) on any other day, as specified hereunder, outside the times so specified in respect of
it—
(i) Saint Patrick's Day: between 12.30 p.m. and 12.30 a.m. on the following day;
(ii) the 23rd December: if it falls on a Sunday, between 10.30 a.m. and 11.30 p.m.;
(iii) Christmas Eve and the eve of Good Friday: between 10.30 a.m. and 11.30 p.m.;
(iv) the eve of any public holiday (other than Christmas Eve):
(I) if the eve falls on a weekday, between 10.30 a.m. and 12.30 a.m. on the
following day, or
(II) if it falls on a Sunday, between 12.30 p.m. and 12.30 a.m. on the following
day;
(v) any other Sunday (except a Saint Patrick's Day which falls on a Sunday):
between 12.30 p.m. and 11.00 p.m.;
(vi)272 any other Monday, Tuesday, Wednesday or Thursday: between 10.30 a.m. and
11.30 p.m.; and
(vii)273 any other Friday or Saturday: between 10.30 a.m. and 12.30 a.m. on the
following day.
(1A)274 The hours specified in paragraph (b) of subsection (1) in respect of any day
specified in that paragraph are in addition to the period between midnight and 12.30 a.m. on
that day where that period is included in the hours so specified in respect of the eve of that
day.
(1B)275 In subsection (1), “public holiday” has the meaning given to it by the

Tom Young

Thanks. Seems I might have been wrong with the definition of public holidays. For which I apologise.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/leave_and_holidays/public_holidays_in_ireland.html

You might see what the government publish particularly here:

Public holidays falling on a weekend

Where a public holiday falls on a weekend, you do not have any automatic legal entitlement to have the next working day off work. This occurs in 2010 when Christmas Day (25 December) falls on a Saturday and St Stephen's Day (26 December) falls on a Sunday. It also occurs in 2011 when New Year's Day (1 January) falls on a Saturday. This means that Monday 27 and Tuesday 28 December 2010, and Monday 3 January 2011 are not public holidays. When this happens you are entitled to the normal alternative arrangements concerning employment and public holidays that is:

A paid day off within a month of the public holiday
An additional day of annual leave
An additional day's pay
The nearest church holiday to the public holiday as a paid day off.
Your employer can require you to attend work on those days.

Tom Young

So should the above carry over to the licensing acts, as cited above. The 11 pm closing was in-fact and at law correct. I am slightly confused now as to whether we define today and tomorrow as Bank Holidays or time in lieu of Public Holidays falling on the weekend!? Argh

Thanks for the quote!

mcgarrett

Well Tom, all I can say is Monday 27th is classed as a Public Holiday in the emergency services for pay purposes.

And I'm sure any publicans who had their premises inspected between 11pm and 12.30am will also be claiming today is a public holiday

Karen23

Does anyone know if Mothers Day , Sunday 18th March 2012 will be 12.30am closing in the pubs because Monday is a Public Holiday for St. Patricks Day ?