Seanad debates

Wednesday, 18 June 2003

Intoxicating Liquor Bill 2003: Second Stage.

 

The Minister mentioned the varying degrees of responsibility the State and individuals have. If I have a criticism of the Bill, it is that we might be moving the balance of responsibility too much towards the licensee and not enough towards the individual. The fine for a first offence in the case of a licensee is €1,500 and €2,000 for subsequent offences but for the individual it is €300 for the first offence and €500 for subsequent offences. I can call to mind various people who might well be apprehended under the provisions of the Bill and who would not have those financial resources. That is a complication. Where people have those resources, however, one could ask who is causing the greatest offence, the individual, by being drunk and disorderly in the licensed premises, causing offence and creating difficulty for others there to enjoy themselves, or the licensee, who may not have attended to the problem as promptly or efficiently as he or she should have. This provision might be revisited on Committee Stage. Arising from this there is a duty under sections 7 and 8 to preserve order and prevent disorderly conduct. It is right to have that obligation; it is a condition of the licence that the holder maintain a satisfactory code of practice in the premises in order that people are not put at risk.

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