Barry Ward (Fine Gael) | Oireachtas source

I move amendment No. 6:

In page 5, line 24, to delete “of a licensed premises”.

These amendments relate to section 2 of the Bill, which deals with the temporary licensing of outdoor seating areas. To a large extent, this comes back to the definitions section. Section 2(1) reads, "Subject to this Act and notwithstanding any other enactment, an outdoor seating area of a licensed premises shall ... " and so on. However, the definition of an outdoor seating premises in section 1 specifically states that it is an outdoor seating area of a licensed premises. The repetition of the term "licensed premises" in section 2(1) is unnecessary and will create a problem so I suggest that it be deleted.

On amendment No. 7, section 2(1) also states that an outdoor seating area "shall, for the period during which this section continues in operation, be deemed to be part of the premises ...". Again, "licensed premises" is a defined term within the Bill, under section 1. That part of section 2(1) should read "be deemed to be part of the licensed premises" rather than "the premises".

Amendment No. 8 refers to section 2(1)(a). This subsection relates to the conditions on outdoor seating area provision and states, "it shall be lawful for the licensee of that licensed premises to sell or supply intoxicating liquor in the outdoor seating area ... " I am proposing that it instead state that it will be lawful for them to sell or supply intoxicating liquor for consumption in the outdoor seating area. My understanding is that the sale of the alcohol takes place on the licensed premises rather than in the outdoor seating area and the definition of an outdoor seating area in section 1(b)(vi) specifically precludes "the sale or supply of intoxicating liquor by the licensee to patrons in the area ... " and the presence of a bar over which alcohol might be sold, for example. While there might be service staff in the outdoor seating area delivering drinks, and there is no difficulty with that, it is not the intention of the Bill to provide for the right of the licensee to actually sell alcohol in that area. The idea is that the alcohol is sold from the licensed premises but consumed within the outdoor seating area. There is a gap in section 2(1)(a) and so I am suggesting that the words "for consumption" be included in it.