Peter Fitzpatrick (Louth, Independent) | Oireachtas source

I welcome the motion, which seeks to extend sections 1 to 7, inclusive, and section 9 of the Civil Law (Miscellaneous Provisions) Act to allow for the sale or supply of liquor in outdoor seating areas for four to six months - from 1 December next to 31 May 2023.

We can all recall why this arrangement was required. The Civil Law (Miscellaneous Provisions) Act, which came into force in July 2021, was in direct response to the issues streaming from Covid restrictions, whereby those in the licensed trade, the tourism industry and people involved in businesses in towns and villages across the country had no way of making an income. The Government took the decision to introduce a stopgap measure while there were ongoing discussions about whether by-laws or primary legislation was needed. I supported what has been done and today I will support the motion to extend the provisions of this Act. There is an ongoing demand for the provision that allows businesses to provide outdoor dining services.

I have spoken to numerous businesses in Dundalk that invested heavily in fitting kitchens and external seating areas in order they could survive during the lockdown. The Covid restrictions support scheme helped, but this was an expense they never intended nor expected to incur. Now they want a return on their investment, especially coming into the busy Christmas period, which will likely see a ramping up of clientele in the context of outdoor dining and Christmas parties. The extension of this Act is required in order that they can offer to serve liquor in outdoor seating areas.

Ireland is behind the times. Outdoor eating and drinking is commonplace in Europe. Berlin and Brussels, for example, have outdoor dining throughout the year. People like the option to sit outside in spite of the Irish weather, particularly as most facilities have implemented heating systems and spacious sheltered areas to mitigate the effects of our climate.

In some cases, however, footpaths have been made narrow and people with disabilities have not been able to pass or enter. It is essential that we do not impede people who have visual impairments or physical movement difficulties. Many businesses made use of whatever space they could in order to survive, but they did not think about the needs of those with disabilities. I do not blame businesses, but there must be an inclusive space that people with disabilities can enjoy equally. There have also been issues with parking in towns, so design really needs to be considered. The programme for Government, as well as the justice plan, includes a commitment to modernise alcohol licenses. Design must be taken into consideration to ensure inclusivity for all.

There are some issues around the licensing laws and the consumption of alcohol. Clarification in law is required, specifically in relation to the distinction drawn between a liquor licence and a licence approved by a local authority.

There is also a significant uncertainty in the context of enforcement. The Act obliges licence holders to maintain order in outside areas. Yet, there was a mixed message as to the power of An Garda Síochána in respect of public order purposes. As far as I am concerned, the general powers available to An Garda Síochána to maintain public order apply to those outdoor spaces in the same fashion as they apply to indoor licensed premises. Clarity in law and certainty were sought and are still required by businesses, local authorities and An Garda Síochána.

Although I will acknowledge that there has been some movement in the context of the proposed sale of alcohol Bill, which will provide a permanent solution to this issue as well as a permanent modernisation in relation to this Act, this needs to be done within the next six months if the extension is passed today. By no means do I mean to rush the reforms and consolidation of the Licensing Acts, but this is the third six-month extension. The Government should have used the past 18 months to get the legislation drafted and passed. It is time we recognised that this arrangement has worked and that we need to put something permanent in place as soon as possible in order to ensure it can work into the future.

Overall, I have no problem supporting the extension of the provision; indeed, I welcome it. Coming off the back of the pandemic, the hospitality and tourism sectors have made good recovery. However, the war in Europe, the rising cost of living and inflation rates are still offering significant blows to businesses, especially in my constituency of Louth and East Meath. These businesses need every support we can give them to keep their doors open in the coming months. Every extra chair and table will help them keep afloat. We need to support the sector any way we can and we can do this by extending this Act for an additional six months.

As I said, it is a stopgap. Eighteen months is a long time. It is very important for the Government to put something out there at the moment. People like dining outside. I am a Pioneer and I really enjoy eating outside. I have no problem putting on an extra coat or scarf. The communication between people is far better. As I said, other European countries do it. I do not see any reason why we cannot do it.

The downfall is regarding people with disabilities, especially those who have problems with their sight. There are others, however. In Dundalk, I saw a mother pushing her child around in a wheelchair and they were forced to go out into the main road. That should not happen. It is very important, as I said, that the Garda enforce the law. There are also serious issues with parking. It is important that local authorities and everybody works together to get the solution done.

I welcome this and it is a step in the right direction. All of the businesses appreciate it. They have invested much money over the past two years because of the pandemic and this is money that they owe to their banks. It is an opportunity for them to come in to a busy Christmas and perhaps have a bit of outdoor dining and drinking. I support the motion to extend the Act, but I ask the Government to please put something more permanent in place.

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