Denis Naughten (Roscommon-South Leitrim, Fine Gael)

The nightclub industry has developed based on loopholes in the existing legislation. It is about time that we placed it on a proper statutory footing and Deputy Flanagan's amendment would do that for the first time. In that way, such clubs could only open at night-time and would have to charge a fixed admission price. I do not doubt that the Minister is serious about tackling binge drinking — everyone in the House is serious about it — but sequential charging could be examined in this regard. If one is in a late night pub before 11 p.m. admission is free. If one goes in after that time, a charge applies. The cost of drink can vary, with prices progressively rising during the night. That encourages people to go in early and get filled up with drink as early as possible to avoid the higher costs that apply later. In that regard, the Minister could examine the topical issue of sequential charging, rather than sequential opening.

For the first time, Deputy Flanagan's amendment would insert a restriction whereby one fifth of the gross floor area must be for dancing purposes. We should have proper security standards for personnel and CCTV cameras. I know of two assaults that took place outside nightclubs but when the people concerned went to get the CCTV footage it transpired that there was no video in the cameras. If CCTV was provided on a proper legal basis it would protect individuals who frequent such facilities. As with pub licences, they would have to be renewed annually. It is important to have sequential closing in place, in addition to placing nightclubs on a statutory legal footing.

In a later section, the Minister refers to test purchasing but there is an anomaly as to who has ownership of the CCTV footage. I hope there will be a provision in the legislation whereby if test purchasing takes place, CCTV footage can be confiscated by the individual concerned. Perhaps the Minister can clarify that because there is not much point in sending in a child under the age of 18 if that footage can then be used to identify or victimise the child at a future date. That needs to be examined in the context of test purchasing.

The amendment, however, proposes to address the issue of public order. As Deputies Rabbitte and Flanagan said, if we put everyone on to the streets at the one time, it will lead to chaos. In every other country where that provision has been tried, it has failed and it will fail here also. It will lead to chaos and a litany of public order problems for the Garda Síochána. The Minister should re-examine sequential closing to ensure that there is a natural progression emerging from pubs and nightclubs into public transport and then returning home. In many of our larger towns and cities, it is virtually impossible to get home by public transport at a late hour.

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