James Browne (Wexford, Fianna Fail) | Oireachtas source

I thank Senator Ward for his proposed amendments and his detailed analysis of the Bill. When legislation is challenged at such a forensic level it strengthens it and challenges the officials. Amendments being brought forward is always welcome, whether they are accepted or not, because they are a critical part of what we do here.

Amendment No. 6 seeks to delete the term "licensed premises" from section 2(1). This section facilitates the necessary linkage between the liquor licence and the permission to operate an outdoor seating area. Therefore, it is crucial to maintain that term. It is important that An Garda Síochána has clarity on its powers for public order purposes and that licensed premises owners understand their obligations to maintain order in public areas where they are selling alcohol. I cannot accept the amendment for the reasons outlined.

With regard to amendment No. 7, the Senator will note that the definition of a licensed premises in section 1 already includes a reference to a premises. Furthermore, the specific reference to a premises concerned on page 5, line 25 of the Bill is directly connected to the reference to a licensed premises immediately preceding it on line 24 and is to be read as such. On that basis, while I appreciate the Senator seeking clarity with his amendments, this amendment is not necessary.

Amendment No. 8 seeks to insert the words "for consumption" into section 2(1)(a), for it to read, "it shall be lawful for the licensee of that licensed premises to sell or supply intoxicating liquor for consumption in the outdoor seating area". While I appreciate the intent behind the amendment, I advise the Senator that section 2(3) provides that no matter what type of licence is held, the sale and supply of intoxicating liquor for consumption off the premises for an outdoor seating area shall not be lawful. This issue has been sufficiently addressed in that subsection. Furthermore, it is the Government's intention that, following the eventual resumption of indoor service and dining, alcohol may be purchased and consumed either indoors in a licensed premises or in an outdoor seating area as defined by this Bill. I am sure this is not the Senator's intention but his amendment would unfortunately limit the consumption of alcohol to an outdoor area and would prevent the free movement of patrons between indoor and outdoor areas with their drinks. That is obviously not his intention but that is the analysis of the officials. It is for these reasons, which I am sure the Senator will appreciate, that I cannot accept the amendments.