Oireachtas Joint and Select Committees

Wednesday, 23 June 2021

Joint Oireachtas Committee on Jobs, Enterprise and Innovation

Reactivation of Economy Following Pandemic Restrictions: Discussion (Resumed)

Ms AnnMarie Farrelly:

I might ask some of my colleagues to supplement anything I say here. I thank Deputy O'Reilly for her compliments with regard to the county of Fingal. Great efforts have been made across the country in every local authority to make sure we could get ready for the congregation that has happened as a result of the lack of indoor space. Much of what has happened in our counties is because of the need for people to congregate outdoors. We have been getting ready for the outdoor summer, including the provision of parklets, as referred to by Deputy O'Reilly, and outdoor space.

I can speak for most local authorities insofar as saying that usually, the local authority by-laws apply and prohibit drinking in public places. However, where licences have been provided under section 254 of the Planning and Development Act, the alcohol by-laws do not apply to those areas. Deputy O'Reilly is correct in saying that when I mentioned 20,000 outdoor spaces, a substantial majority of those areas have been provided to coffee shops and other dining areas where alcohol is not an issue and that should be taken into account. Many restaurants and public houses are using their own private space for the outdoor summer. Some have been supplemented by the outdoor parklets.

There was a lot of consultation in relation to the grants for outdoor dining, to help businesses purchase furniture for their private space and the public areas. It is clear that local authorities are responsible for the public realm and policing of people is a matter for the Garda. At a local level, in Fingal, there have been many conversations with the local gardaí, and we worked together. There is no doubt that the provision and the reopening of businesses, albeit with outdoor space, has greatly assisted the issue of people congregating. As an example, in Deputy O'Reilly's own town, it was mentioned to me recently that there are as many as 2,000 seats available in the private outdoor spaces of local bars and restaurants. Those 2,000 people were more than likely in the public area up until the bank holiday weekend in June. That has, therefore, greatly helped maintain the safety of our towns and villages.

The discretion seems to be necessary. Insofar as a precise interpretation of the legislation is concerned, none of our public space provision ameliorates against provisions in the licence for the public house or restaurant and that needs to be taken into account. I understand the point of sale of alcohol is a consideration as well. Ultimately, however, I am in members' hands as to whether further legal provision needs to be made.

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