Mark Wall (Labour) | Oireachtas source

Like Senator Gallagher, and I am sure like public representatives elsewhere in the State, I am seeking clarity on licensing. Over the past days I received a number of representations about the possibility of fines being handed out by An Garda Síochána to those who are enjoying or about to enjoy our outdoor summer. The Garda have said that pubs and restaurants are not legally permitted to serve alcohol in temporary, outdoor seating areas. Licensed premises across the State have been given permission to set up outdoor seating by the local councils. Section 254 licences have been applied for and issued throughout the country, with many licensed premises setting up on footpaths or in areas in front of their business premises as a solution until indoor dining is allowed. The Garda has said, however, that these areas are not covered by alcohol licences originally issued by the District Courts. Until indoor dining and drinking return on 5 July under the Government's reopening plan, we need clarity. When I was travelling to the House this morning, my local radio station, KFM, covered this item and mentioned a tweet by the Minister for Justice, Deputy Humphreys, in which she mentioned speaking with the Garda Commissioner and used the word "discretion". A Garda representative stated, rightly, on the programme to which I was listening that gardaí deal with the law of the land and that they need clarity on what discretion means in this context. We are told that there will be a memo going out today from the Garda Commissioner. We all know the terrible times that our licensed premises' owners and families have been through. The owners of those premises that have the necessary space have listened to the concept of an outdoor summer being promoted by all Departments and they need to know that when it comes to renewals through the courts system, their licences will not be affected by this new development. They need to know that their customers will not receive fines for attending their premises. Discretion creates doubt - I might even say fear - among potential customers. After the year the owners of licensed premises have had, they simply cannot continue to trade in this way. We are told that an outdoor summer is on the cards for us all. In that context, clarity is required as a matter of urgency.