Dáil debates

Tuesday, 24 June 2008

Intoxicating Liquor Bill 2008: Second Stage

 

9:00 pm

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)

It is a reprieve. I also intend to table an amendment on Committee Stage which will mean that off-sales of alcohol will not in future be permitted during periods covered by general exemption orders, from 7.30 a.m. to 10.30 a.m. in those early houses.

Section 13 provides for the introduction of test purchasing of alcohol products in the new section 37C to be inserted in the Intoxicating Liquor Act 1988. It provides that the Garda Síochána will be permitted to send a person aged 15, 16 or 17 into licensed premises for the purpose of seeking to purchase or being permitted to consume alcohol. Parental or guardian consent in writing will be required in all cases and all reasonable steps must be taken to protect the young person concerned. Test purchasing will apply to all categories of licensed premises and is intended to assist the Garda Síochána in its efforts to combat under age consumption of alcohol. I am hopeful that this measure will also lead to greater use of the Garda age card and to a stronger culture of compliance with provisions regarding under age persons.

Sections 12 and 14 provide, as recommended by the advisory group, for a minimum two day closure period for temporary closure orders made by the District Court on the conviction of licensees for certain licensing offences. The relevant offences include the sale of alcohol to a person under 18 and permitting drunkenness and disorderly conduct on the premises. At present, the law provides that the closure period may not exceed seven days in respect of a first such offence but it does not specify any minimum period. The advisory group refer in its report to cases where closure orders for periods of a few hours were imposed by the courts. Such closure orders do not represent an effective deterrent.

Section 15 provides for the making of regulations which may prohibit or restrict the advertising, promoting, selling or supplying of alcohol at reduced prices in order to reduce the risk of a threat to public order as well as health-related risks arising from excessive consumption of alcohol. Reduced price in this context will include the award, directly or indirectly, of bonus points, loyalty card points or any similar benefits and the use of such points or benefit to obtain alcohol, or any other product or service, at a reduced price or free of charge. Permitting excessive consumption of alcohol at events held anywhere other than in a private residence is also covered by this provision. The making of regulations at a later date to deal with these matters will facilitate advance communication of draft provisions to the European Commission under the EU standards directives.

Section 16 provides for increases in fines for certain licensing offences set out in Schedule 1. These include fines for the sale of alcohol to a person under 18, the provision of alcohol to a person under 18 years of age, for being drunk, and for permitting drunkenness and disorderly conduct on licensed premises. Section 19 provides for increases in the fines levels in the Criminal Justice (Public Order) Act 1994 set out in Schedule 2.

This short but strategic Bill is intended to tackle public disorder and health-related harm resulting from excessive alcohol consumption. It is a package of measures based on the reforms identified by the Government alcohol advisory group and recommended in its report. I commend the Bill to the House.

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