Oireachtas Joint and Select Committees

Tuesday, 31 January 2023

Joint Oireachtas Committee on Justice, Defence and Equality

General Scheme of the Sale of Alcohol Bill 2022: Discussion (Resumed)

Ms Marie Lawless:

I thank Senator Ruane. I will answer on alcohol deliveries and Ms Leonard will probably answer on child protection. We may contribute as well on certain other parts. On alcohol deliveries, it took a while for us to get our heads around it even when we were explaining it because there is no actual definition of alcohol deliveries. In some countries, they call it "remote sales" or "distance sales" or "rapid delivery" if it happens within two hours. It covers a wide range. It can be in a licensed premises,or be unlicensed. At the moment, there is 24-hour access to alcohol. There is a lot of best practice within licensed premises as regards delivery services, based on their own self-regulation. They may have refusal books or make sure there is age verification on delivery for online ordering and when they deliver to a premises. It also puts workers at risk if it is late at night and there is a refusal. There are no hours for delivery in the current legislation. For example, there are hours of licensing for opening but in other countries, not all of those hours are used for delivery hours. In some states in the United States, there is 24-hour access but delivery only happens at particular hours. In unlicensed sales, it may involve social media, in many cases, such as WhatsApp, or be from car boots. Across the whole spectrum, there is delivery to public spaces, corners of buildings and multiple deliveries where there are congregations of people in a park where other risk behaviours are happening. This was spotlighted during the pandemic. People may be aware from the media that clarification was sought even by An Garda Síochána around what the law was but it did exist prior to that. Ireland is not the only country where this is taking place. It is happening at a rapid-access point. There is now powdered alcohol. There are apps you can download to order and pay perhaps three to six months later. There is also everything that goes with social media like stories, competitions and drinking games. By asking for consideration of a licence for alcohol deliveries, we are looking to make it clearer, not only as a baseline to know what is going on in the country but also to assess applications against. The idea is that there would be mandatory independent training, logbooks, vehicles with signage so people know who is delivering, protection for workers and age verification. At the moment, it is hard to prove online if somebody is over 18. Some countries have implemented double verification where you have to register for a delivery service. Our senior counsel assistance through the Bar highlighted that the form of identification given must match the one used on ordering and that delivery drivers become agents of alcohol delivery services so in some respect, they are also protected. To answer the Senator, it is a way to make it clearer. At the moment it is a haze. In a community you are not quite sure where it is coming from. Licensed trade would also, from speaking with communities across Ireland, welcome clarity because everyone is involved in certain practices even though they may be putting in positive practices in their area in terms of curtailment or safer responsibility of trade or serving of alcohol. That licence would give clarity and something that could be reviewed as this accelerated action is going on.