Seanad debates
Friday, 4 July 2003
Intoxicating Liquor Bill 2003 [ Seanad Bill amended by the Dáil ] : Report and Final Stages.
Having reflected on concerns expressed in the select committee in respect of section 17, I accepted that the inclusion of the word "knowledge" in subsection (1), which applies to off-licensees primarily, could mean that a licensee who complained to the Garda about persons consuming alcohol in the vicinity of the premises would, by such a complaint, be admitting an offence under section 17. To overcome that difficulty, the word "knowledge" in subsection (1) has been replaced with the word "privity". While it is a word not in common use nowadays, it basically means being complicit in something. In the context of section 17, it would mean that a licensee who wilfully turns a blind eye to the consumption of alcohol he or she has supplied in the vicinity of the premises would commit an offence. The word is used in section 13 of the Intoxicating Liquor Act 1924, which section 17 is replacing. I understand it still remains in use in the corresponding English legislation so there will be case law on it. Therefore, it makes sense to retain it rather than introduce new uncertainty.
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