Written answers

Wednesday, 16 November 2005

Department of Justice, Equality and Law Reform

Liquor Licensing Laws

9:00 pm

Photo of Finian McGrathFinian McGrath (Dublin North Central, Independent)
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Question 366: To ask the Minister for Justice, Equality and Law Reform if he will raise the age limit to 21 for persons buying alcohol from off-licences due to the unsupervised distribution issue; and if anti-social behaviour will be reduced in our communities. [34767/05]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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The position is that the Government legislation programme published on 27 September last makes provision for publication of a Bill to codify the licensing laws in mid-2006. It will repeal the Licensing Acts 1833 to 2004, as well as the Registration of Clubs Acts 1904 to 2004, and replace them with updated provisions more suited to modern conditions.

The reform proposals contained in this Bill will take account of the work of the Commission on Liquor Licensing and the recommendations set out in the commission's reports. As regards the current age limit of 18 years, the commission did not recommend any changes in existing legislative provisions and I do not propose therefore to increase the current legal age for the purchase and consumption of intoxicating liquor to 21 years.

I am conscious of public concerns in relation to alcohol related harm in our society and the Bill will therefore contain improved safeguards and provide for increased penalties in order to combat such harm. These include: 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.

The Bill 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, it 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.

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