Brendan Howlin (Wexford, Labour) | Oireachtas source

You took me by surprise, Chairman, when you went to section 3 immediately. On the definition section, we only had sight of the Bill yesterday and there was no pre-legislative scrutiny so perhaps we can have a little elucidation of the definitions from the Minister of State. One of the issues, and the Minister of State mentioned it in her commentary as well, is that the number of seated patrons who can be accommodated in an area should not exceed the number of patrons who may be accommodated in the licensed premises. Why is that necessary? If, for example, one had a very small pub and for fire reasons it could not accommodate more than 40 people but one could accommodate 50 people happily in a forecourt area, why be so prescriptive about that and make it a point of conflict, perhaps, in terms of somebody counting the number of people who are properly seated and distanced in an outdoor seating area? That seems to be an unnecessary addition in that regard.

The definition of "outdoor seating area" in section 1 includes that it is "on private land abutting the premises where ... the land is owned, or occupied by way of a lease or licence, by the licensee of the premises" and "a licence is not in force, or a certificate of registration under the Act of 1904 is not applicable and in force, in respect of the area". What, specifically, is meant by that definition?

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