Barry Ward (Fine Gael) | Oireachtas source

I move amendment No. 1:

In page 4, line 18, to delete “and” where it secondly occurs and substitute “or”.

I will speak on all five amendments together. These are largely technical amendments. Some are more important than others. Amendment No. 1 deals with a provision in the definitions section, section 1 of the Bill. It is to create a list and replace an "and" with an "or", rather than to have a requirement. It is under the definition of authorisation and defines what an authorisation given by a statutory authority is. It refers to a licence granted under section 2(5)(4) of the Planning and Development Act 2000 and a consent given under section 71 of the Roads Act 1993. I am suggesting they should be two separate things which would ground an authorisation.

Amendments Nos. 2, 3 and 5 relate to the same issues. In the definitions section, terms such "Licensing Acts", "Minister" and "Registration of Clubs Acts" are defined as relating to various different things. I am suggesting the definition section should give the term which would replace the term used throughout the Bill. If that is the case, the word "the" is missing. That is a technical amendment I am suggesting.

Amendment No. 4 is much more important. Amendment No. 4 refers to the definition of "licence". "Licence" is a defined term in section 1 of the Act. It means a licence for the sale, by retail, of intoxicating liquor whether granted with or without of production of the Circuit Court or District Court. It is what we think of when we talk about a liquor or bar licence. It is a licence in the context of the service of alcohol.

The term is used again in the definitions section when defining an outdoor seating area. An outdoor seating area is an important part of this Bill. That is what it is all about. The definition of an outdoor seating area is all-encompassing and complex. The definition states that an outdoor seating area means, with regard to a to licenced premises, an outdoor seating area on private land abutting premises where the land is owned or occupied, by way of a lease or licence, by the licenceholder of the premises.

The use of the word "licence" is quite different from the definition of "licence" in the context of the Bill. The licence used throughout the Bill means a liquor licence, but in this case, it is a licence to occupy. It is a licence for somebody to use or occupy land. It is given in a totally different context. My concern is that without clarifying what this word "licence" means - the way I am suggesting is we call it a "licence to occupy", so it is differentiated from the use of the word "licence" elsewhere in the definitions section - it introduces a confusion or lack of clarity on the word licence. In amendment No. 4 I am suggesting the word "licence" be replaced with the words "licence to occupy".