Catherine Murphy (Kildare North, Independent)

I received a note yesterday explaining the regulations. I understand changes in the Intoxicating Liquor Act 2000 which removed the restriction on the transfer of licences to any part of the State have led to the establishment of many off-licences in urban areas. Changes to establish necessary planning control over the significant increase in the number of large-scale off-licence premises and balance consumer interests are needed.

I represent a primarily urban constituency, much of the development of which is recent. While it is the kind of area in which one would expect to see new pubs, I have mainly seen new clubs, hotels and off-licences. This observation is relevant to the point which has been made about the way in which people circumvent the licensing laws in the development of new facilities. I have seen supermarkets and forecourts expand from the sale of wine to more extensive sale of all kinds of intoxicating liquor. One sees in these outlets rows of alcoholic products in response to public demand which in turn has responded to changes in pricing policies. In contrast to the scenario in the case of tobacco, it is clear that increases in excise duties have changed patterns of behaviour rather than reduced the level of alcohol consumption. One hears from taxi drivers that they regularly bring to discos people who are drunk before they leave their houses. A fundamental change in behaviour has taken place.

My aim is to establish the motivation behind the regulations. Is the intention to limit the number of off-licences or to respond to the aim of publicans to reduce competition, with which they clearly take issue? It is not at all clear that the regulations will modify behaviour as the fundamental issue in that context is price. If one's aim was to modify behaviour, one would revisit the Intoxicating Liquor Act which caused the changes rather than make regulations. I cannot see how the regulations can be implemented in practice where, for example, an application is made to build a supermarket which can be licensed in a commercially-zoned area. It is very difficult to see how local authorities would turn that down, and if they do turn it down, how would An Bord Pleanála respond to that, given that the establishment is in a commercial zone? Will the regulations be accompanied by directions to local authorities? Will local authorities be issued with guidelines by the Department specifying what is required from them in terms of the number of off-licences that is desirable. I am not clear on how the regulations actually——

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