Written answers

Tuesday, 21 June 2005

Department of Justice, Equality and Law Reform

Liquor Licensing Laws

10:00 pm

Photo of Séamus HealySéamus Healy (Tipperary South, Independent)
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Question 505: To ask the Minister for Justice, Equality and Law Reform the controls he intends to introduce to control the proliferation of off-licences; the further controls he intends to introduce to prohibit access by underage young persons to alcohol from off-licences; and if he will make a statement on the matter. [21130/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The position is that a consultation process on my proposals for a Bill to streamline and modernise the liquor licensing laws by repealing the Licensing Acts 1833 to 2004 and replacing them with updated provisions more suited to modern conditions has recently concluded. I will take account of the views of organisations and individuals who responded to my request for submissions in the context of the drafting of the Bill.

I am conscious of public concerns with regard to alcohol-related harm in our society and my proposals contain both safeguards and increased penalties that are intended to combat such harm. These include requiring all planning authorities to address the regulation and control of the location of licensed premises in their development plans; requiring applicants for retail licences, including off-sales licences, to present proof of planning permission and certification of compliance with planning conditions and fire safety standards to the District Court; extending the jurisdiction of the District Court to all retail licences and giving specified notice parties, including the health authority and members of the public, the right to object to the grant of a licence; streamlining the system for renewing licences and clarifying the right of members of the public to object to renewal in any particular case on stated grounds; strengthening provisions designed to combat sales to under-age persons by, for example, requiring all off-sales premises to have written policies and control procedures; supplementing existing offences relating to under-age consumption of alcohol with a new offence of being in possession of a forged Garda age card; and increasing the levels of penalties and sanctions, including a proposal that all temporary closure orders should involve closure for a minimum of two days.

My proposals will also allow the Garda to object to applications for new retail licences on the grounds of an undue risk of public nuisance or a threat to public order or safety. In addition, the proposed Bill will contain provisions for dealing with drunkenness and disorderly conduct on licensed premises, as well as combating the sale and supply of alcohol to under-age persons.

Finally, the current exemption under the planning and development code whereby an existing retail outlet may be converted into off-sales premises without any need to obtain specific planning permission for the development will be addressed by the Minister for the Environment, Heritage and Local Government.

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