Written answers

Tuesday, 12 October 2004

Department of Justice, Equality and Law Reform

Liquor Licensing Laws

9:00 pm

Photo of Pat CareyPat Carey (Dublin North West, Fianna Fail)
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Question 299: To ask the Minister for Justice, Equality and Law Reform if he plans to give effect to the provision in the Intoxicating Liquor Act 2001 whereby retailers of alcoholic products can be compelled to label the drink container and any bag used to carry such containers with the name and address of the retailer; and if he will make a statement on the matter. [24218/04]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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Section 17 of the Intoxicating Liquor Act 2000 provided that a label containing the name and address of premises to which an on-licence or off-licence was attached be clearly indicated on a label affixed to any container in which intoxicating liquor was sold for consumption off the premises. This section was not commenced and was repealed in the Intoxicating Liquor Act 2003. Section 22 of the Intoxicating Liquor Act 2003 contains provision for the making of regulations specifying particulars to be affixed to containers in which intoxicating liquor is sold for consumption off the premises which are adequate to enable the licensee and the licensed premises concerned to be identified.

The main reason for seeking to implement a labelling requirement by means of regulations is that this method permits notification of the European Commission in accordance with the EU technical standards (transparency) directives with a view to avoiding any later challenge to the legislation on the grounds that proper procedures had not been followed. I have recognised from the outset that while the labelling of containers is an attractive idea and could prove helpful in combating under age consumption of alcohol, there were significant challenges to be overcome in order to render it effective in practice. These challenges arise under two headings.

First, practical difficulties will be encountered where several individual containers are packaged together for sale, for example, a six-pack of bottles, a plastic-wrapped tray of cans or a nailed wooden box containing bottles of wine. This raises the question of whether the label should be attached at the point of sale or beforehand. Attaching labels beforehand is likely to increase distribution costs and create logistical difficulties for importers and distributors. In the case of imports from EU countries, such additional labelling requirements could be regarded as infringing internal market rules. In addition, at the practical level, there is the possibility of removing thelabels or making them illegible after sale. The transfer of the contents to another unmarked container cannot be overlooked either.

Second, from an enforcement perspective it is clear that possession by an under age person of a labelled alcohol container does not in itself constitute proof that the product had been illegally supplied to that person by the licensee whose particulars appear on the container. The container may have been sold to a person over the age of 18 in good faith by the licensee before being passed on to the under age person. It may have passed through several hands before finding its way into the hands of the under age person.

The latter issue, that is, the evidential value of a labelled container, was raised during consultations on implementation of section 22 of the 2003 Act and my Department subsequently raised the matter with the office of the Attorney General. The Attorney General's office has expressed doubts about the evidential value of possession of a labelled container and doubt is, therefore, cast on the utility of any regulations that might be made under section 22 of the 2003 Act.

One possibility that could be considered in the context of future legislation would be a presumption that any intoxicating liquor found in possession of an under age person had been purchased by that person from the licensee identified on the container until the contrary was proved. However, the Attorney General's office has also advised that such a proposal would raise serious constitutional issues and would run the significant risk of being found inconsistent with Article 38 of the Constitution.

For these reasons, I do not intend to make regulations under section 22 of the 2003 Act at this time. However, I will give further consideration to this issue in the context of the forthcoming Bill to codify the licensing laws.

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