Charles Flanagan (Laois-Offaly, Fine Gael)

I move amendment No. 3:

In page 4, between lines 9 and 10, to insert the following:

""Court" means the District Court and in relation to any application to the Court means the District Court for the court area in which the premises to which the application relates is situated;".

This is a technical amendment, whereas amendment No. 52 is important. Under the Minister's proposal, the closing times of licensed premises — premises with special exemptions, those commonly regarded as nightclubs and those operating with theatre licences — would be at a fixed hour. The legislation will give rise to serious public order consequences. Consequently, the amendment would introduce tiered or sequential closing. Amendment No. 52 introduces a new concept, that of a nightclub licence.

Under the Minister's proposal, thousands of people would spill out onto our streets simultaneously, pressurising emergency services, taxi ranks and fast food outlets and giving rise to flash points. It would create areas in which social disorder would be more likely to occur. The industry estimates that the country's 500 nightclubs are frequented by approximately 500,000 per week. Does the Minister believe it to be a good idea to have that many people pouring onto the streets at the same time as the thousands who frequent pubs? In Dublin city alone, there are 800 pubs.

The amendment proposes to regulate nightclubs and that industry. Currently, there is no distinction between a late bar and a club or a venue at which there is drinking, dancing and music. Amendment No. 52 would allow for the certification of what constitutes a nightclub premises. Such a premises would operate under strict conditions, which are included in amendment No. 52. It states: "the premises shall only operate for business between the hours of 10 p.m. and 4 a.m." should a court deem fit on foot of an application. This is an enabling, rather than a prescriptive, provision. The nightclub would not operate as a public house or under any other licence during the day. It would strictly be a nightclub or night venue. It would also be distinguished from the ordinary seven-day licensed public house by virtue of the fact that its patrons would be subject to a fixed charge admission.

The premises should provide entertainment through music and dancing. Much of the late night bar industry is predicated upon a dancing facility that, in many cases, is no more than a fig leaf because there is no requirement that a particular area of the premises be designated for dancing. Under the Fine Gael amendment, the area reserved solely for dancing must consist of not less than 20% of the club's gross floor area. To ensure that public disorder is kept to a minimum, the amendment calls for at least two security personnel to be present on the front door with additional security personnel inside the premises during opening hours.

Since the nightclub licence shall be subject to an annual District Court application in the manner of public house licensing, it will be open to any member of the public or a Garda superintendent in the event of disorder to make objections or allegations of nuisance, noise or disturbance.

The amendment is innovative and would, under strict conditions, meet a demand for night-time music, singing and entertainment. It would also address an inadequacy, namely, people operating licensed premises under various guises — theatres, singing venues and seven-day public houses with special exemptions. It would confine the special exemption to the ordinary seven-day public house, which is in line with the spirit and the letter of the Bill. It would address the matter of the growth in the number of questionable theatres, which was discussed on Second Stage.

I ask the Minister to take the amendment on board. In previous reforming intoxicating liquor legislation, we did not give full and adequate consideration to these issues, but we have an opportunity to do so now.

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