Michael McDowell (Dublin South East, Progressive Democrats)

The present definition states:

"disorderly conduct" means any unreasonable behaviour by a person on licensed premises which, having regard to all the circumstances, is likely to cause injury, fear or distress to any other person on the premises".

It must be that it is in the light of all the circumstances that it would be likely to cause these things. For instance, in the boisterous aftermath of a football match something might not amount to disorderly conduct, whereas if it was a quiet afternoon's trading and a person was shouting and roaring at the television it might turn out to be disorderly and likely to cause harm. We must bear in mind that the District Court judges are reasonable and must have regard to all the surrounding circumstances before this particular condition is met.

That is one meaning for disorderly conduct. It is extended to mean all the other things included in paragraphs 4(1)(a) to (e) in the definition. The proposed amendment suggests including "quarrelsome or insulting behaviour". There can be occasions when this does amount to disorderly conduct. The running of a bar or a pub – people here are more experienced in this matter than I am – is a skilled occupation requiring an experienced manager. Different approaches must be taken to situations, depending on the circumstances. On a quiet occasion, behaviour which would not be noticed on another occasion could amount to disorderly conduct.

I am trying to strengthen the hand of the licensee in these matters. Licensees should have a greater capacity to remove people, to bar them or to ask them to leave the premises. I want to make people understand that they go into pubs to drink and that the management lays down the policy and if, in those circumstance, behaviour is disorderly they can be asked to leave. This is what I seek to bring about.