Alan Kelly (Tipperary North, Labour) | Oireachtas source

The provisions of section 12 have been considered in some depth by my Department and by the Office of the Parliamentary Counsel of the Attorney General’s office. The reason for this is that the consequences of such a provision – to revoke or suspend a licence - affects a person’s ability to earn a living. Therefore the basis upon which such a decision would be taken by a licensing authority must be precise and explicitly provided for in primary legislation.

It is entirely reasonable that the contraventions that might be the basis for decision under section 12, whether or not there is a conviction for such a contravention, would include contraventions under the provisions of this Act or under regulations made under this Act, or contravention of the terms and conditions of the licence or any code of practice. Some of these contraventions would carry with them offences, and the licensing authority would also take into consideration if the licence holder had a conviction for such an offence.

The licensing authority is of course always subject to a duty to exercise its powers in a reasonable manner. That is absolute: it must exercise its power in such a manner. There are appeal provisions in place so as to ensure this is the case. Therefore, I cannot agree to the deletion of text as proposed by the Deputy in amendment No. 4.

I also cannot agree to amendment No. 5, which seeks to delete the power of a licensing authority to suspend a licence for three months under section 12. The revocation provision under section 12 is based on a tiered approach. That gives the licensing authority a degree of discretion to determine that a contravention under the Act, regulations or terms and conditions of a licence, or failure to provide correct and true information could incur a lesser penalty than revocation – either suspension for three months or a reprimand, warning, caution or advice. Therefore, section 12 provides for a suite of sanctions that can be applied on a proportionate basis.

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