John McGuinness (Carlow-Kilkenny, Fianna Fail)

I welcome the opportunity to say a few words on this important Bill. The last debate we had on café bars triggered a public response and a political debate on whether we had enough alcohol outlets. Towards the end of that debate, I was asked on radio if I was a publican. I did not presume that I was, but I had a loose connection as I had a publican's licence. Therefore, while I do not operate a pub, as a person who owns a property that contains a public house, it may be no harm to state that.

This does not mean that I do not have a view on these things. As someone in business who is familiar with how bar licences operate, I consider the debate on this Bill to be very worthwhile. The vintners' groups have made a positive contribution. The advisory group on its operation is a model that could be used in many other areas of legislation. It brings together the stakeholders involved and gives them the opportunity to put forward their views and even their solutions to the many problems that are affecting society in general. When trying to find a solution to the problem, we should seek the views of those who are central to it, be they the publicans or the Garda and so on, so that legislators can be fully informed when making their decision. From that point of view, the exercise of going through the advisory group was a good one.

This legislation is only part of an overall approach. A number of pieces of legislation, which will follow subsequently, will deal with the other complex issues that constantly plague society arising from the abuse of alcohol. As legislators, we can try to offer workable solutions to the problem.

It is an opportune time to acknowledge that over the years publicans, those who hold restaurant licences and all of the entrepreneurs involved in this business throughout the country have invested vast amounts of money in their premises. We must acknowledge such businesses exist, that their owners want to participate fully in them and are responsible people delivering a service that is in demand. In difficult times it is good to acknowledge that they continue to make such investments.

Some of the issues raised in the context of people doing business include local charges and rates, which impact on the level of business being conducted. Those matters, which do not form part of this Bill, are related to local government, but the background to this Bill and the consultation that took place show solutions can be found.

I welcome the general thrust of the Bill. I am glad that the Minister, in the context of section 8, is dealing with off-licences in the way he has outlined, through a voluntary code of practice. It is an issue that arose early on in the debate on this Bill. People were genuinely concerned as to how they might operate their premises should they have to separate the off-licence from the general business area within their retail outlets. If one looks at the structure of retail outlets, particularly the changes that have taken place in recent years, the corner shops are generally gone and are replaced by named outlets. There is a methodology of doing business in them and there is space in some of them for off-licences. The example of Northern Ireland which was given, where the off-licence can be separated and features a turnstile operation, is a reasonable way to look at this.

The voluntary code of practice is to be welcomed. It will now be down to the industry to show its credentials and show it is a responsible group in abiding by that code. The Minister stated clearly that if that does not work, an alternative option exists. The code of practice shows that we, as legislators, and the Minister in championing this Bill, are prepared to listen, particularly to people who are making a significant investment and having an impact on society.

I want to conclude my remarks by referring to the issue of anti-social behaviour arising from drink. This is to the fore in every constituency right throughout the country and plagues many of our housing estates, river banks, derelict sites and other areas where people can gather.

In my local authority area, a by-law has been introduced to impose a fine on those who enter certain areas to drink in public, but rarely have I seen that implemented. In fact, all around the signposts along by the riverbank, which state that those drinking in public places will be fined, one can see such public drinking going on. It is a source of nuisance and of anti-social behaviour, and it is has got out of hand.

Likewise, late night drinking is something that annoys residents in most towns and cities throughout the country because there is an outturn onto the streets at a particular time and the row usually starts at a chip shop or other location along the route from the premises where the drinking occurred. Local authorities have a role play in this in that they provide planning permission and consider the opening and closing hours of enterprises. The planning permission itself can be policed. The local authority should play an active role, with the Garda, to ensure that some of the nuisance experienced in our towns, villages and cities can be eliminated. This legislation will not be the answer to everything. It will take a great deal of effort at local level to ensure that local government and other agencies play their part, with the Garda and in accordance with the legislation, to ensure that what is proposed happens.

I welcome the legislation. I welcome the change the Minister has introduced and hope the Bill will have a speedy passage through Committee Stage.

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