Seanad debates

Thursday, 10 July 2008

Intoxicating Liquor Bill 2008: Committee Stage

 

1:00 pm

Photo of Eugene ReganEugene Regan (Fine Gael)

I move amendment No. 4b:

In page 5, before section 6, to insert the following new section:

"6.—At the Court hearing in respect of any licensing application under the Licensing Acts 1833 to 2008, any Garda Officer, not below the rank of Sergeant, may appear and shall be heard in court in relation to such application, whether or not such application relates to premises within that Officer's district.".

This concerns the arrangement of licensing in the District Court. We have moved responsibility for certain licences from the Revenue Commissioners to the District Courts. There are references in the licensing Acts to the Garda superintendents being in a position to object to an application for a licence.

At times there is an extraordinary level of Garda resources taken up in courts with licence applications, even because the Garda must be from the district in which the premises, in respect of which a licence is being sought, is situated. In one case in the District Court one morning there were five inspectors, 15 sergeants and other gardaí in the licensing court.

It is appropriate that there can be a Garda officer who is designated to deal with all licence applications. In many cases there are Garda inspectors and sergeants present who simply must state that they do not object to a licence applications. It seems an extraordinary waste of Garda resources.

No doubt the Garda assign these officers to the courts to deal with licence applications in compliance with the requirements of the legislation and the regulations. In ease of their responsibilities and duties, it behoves us to provide a legislative framework that makes their job easier. I commend the amendment to the Minister of State.

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