Charles Flanagan (Laois, Fine Gael) | Oireachtas source

I refer to section 1(6), as amended in the Dáil on Report Stage. This will permit off-sales to those who have not participated in a guided tour of the premises between the hours of 10. a.m. and 7 p.m. on every day of the year except Christmas Day. This is in conflict with the licensing hours applicable to all other off-licences. Under current licensing law, public houses and off-licences are not permitted to sell intoxicating liquor before 12.30 p.m. on Sundays or St. Patrick's Day.

The Attorney General's office has advised that allowing craft breweries and distilleries to engage in off-sales to those who have not participated in a guided tour of the premises before 12.30 p.m. on Sundays and St. Patrick's Day under this legislation would give rise to an anomaly. It would create a risk of legal challenge on the basis that it seems to favour craft breweries and distilleries over other categories of off-licences. For this reason, I have tabled an amendment to section 1(6). To prohibit off-sales in the absence of a guided tour before 12.30 p.m. on Sundays and St. Patrick's Day, off-sales to those who have participated in a guided tour of the premises will continue to be permitted from 10 a.m.