Bernard Durkan (Kildare North, Fine Gael)
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Question 331: To ask the Minister for Justice, Equality and Law Reform his proposals for the operation and licensing of café bars; and if he will make a statement on the matter. [16504/05]

Michael McDowell (Dublin South East, Progressive Democrats)
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I have recently published proposals for an intoxicating liquor Bill which will streamline and modernise our liquor licensing laws. This will involve repealing the Licensing Acts 1833 to 2004 and replacing them with updated provisions more suited to modern conditions.

The proposed Bill provides for the creation of a café bar licence which was a key recommendation in the final report of the commission on liquor licensing. In this report, the commission came to the conclusion that the historically restrictive nature of the licensing laws had resulted in the development of "super-pubs" which, while generally well managed and catering for an important segment of the market, tended to create noise and nuisance for local residents and made compliance with, and enforcement of the licensing laws more difficult for licensees and gardaí alike. It also considered that large numbers of people emerging from such premises at closing time increased the risk of public disorder.

The commission considered that café bars "which would be required as a condition of the licence to provide food as well as alcoholic and non-alcoholic beverages" could provide an atmosphere and ambience that encouraged moderate social consumption of alcohol rather than the excessive consumption and binge drinking that had become more common in recent years. The proposals for the café bar licence provide that it would be subject to the following conditions: it would apply to premises of less than 130 sq.m.; it would not be available to premises engaged in take-away sales of food; hot meals and non-alcoholic beverages must be provided for consumption on the premises during opening hours; sale of intoxicating liquor for consumption off the premises would not be permitted; and exemption orders for extended opening hours would not be permitted.

To ensure responsiveness to local circumstances and enhance local government, it is envisaged that any local authority could, by adopting a resolution, determine that café bar licences would not be granted in the whole or a specified part of its administrative area. As part of a consultative process, I have invited organisations with an interest in this area and private individuals to submit their views or suggestions on all, or specific parts, of the proposed Bill by 31 May 2005.