Written answers

Wednesday, 14 December 2005

Department of Justice, Equality and Law Reform

Liquor Licensing Laws

11:00 pm

Photo of Ciarán CuffeCiarán Cuffe (Dún Laoghaire, Green Party)
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Question 291: To ask the Minister for Justice, Equality and Law Reform when he will introduce section 17 of the Intoxicating Liquor Act 2000, dealing with the identification of the supplier of alcohol for consumption off premises; and when he intends to introduce a measure that will mean effective action can be taken against those who continue the practice of selling alcohol to persons under the age of 18. [39499/05]

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. It was never commenced and was repealed by section 3 of the Intoxicating Liquor Act 2003.

Section 22 of the 2003 Act provides for the making of regulations specifying particulars to be affixed to containers in which intoxicating liquor is sold for consumption off licensed premises which are adequate to enable the licensee and the licensed premises concerned to be identified. No such regulations have been made to date.

While the labelling of containers in which intoxicating liquor is sold for consumption off licensed premises with a view to combatting under-age consumption of intoxicating liquor is an attractive idea, significant challenges must be overcome to render it effective in practice. Those challenges arise under two headings.

First, practical difficulties will be encountered where several individual containers are packaged together in advance for retail sale, for example, six packs of bottles; plastic wrapped trays of cans; or wooden boxes containing bottles of wine. That raises the important issue of whether identification labels should be attached at the point of sale or earlier in the distribution chain. Attaching labels at an earlier stage might be simpler, but it could create logistical difficulties for importers and distributors, and that would lead in turn to increased distribution costs. Moreover, in the case of imports from other EU member states, it is likely that such additional labelling requirements would be regarded as infringing internal market rules.

Second, from an enforcement perspective it is clear that possession by an under age person of a labelled container does not in itself constitute proof that the intoxicating liquor in the container had been illegally supplied to that person by the licensee whose particulars appear on the container. It may have been taken from the family home or 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. A labelled container may have passed through several hands before finding its way into the hands of an under age person.

Issues relating to the evidential value of being found in possession of a labelled container were raised during consultations on implementation of section 22 of the 2003 Act, and my Department subsequently raised them with the Office of the Attorney General. The Attorney General's Office has expressed serious doubts about the evidential value of being in 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 option that could be considered in the context of future legislation would be a presumption that any intoxicating liquor container found in the possession of an under age person had been purchased by that person from the licensee identified on the container until the contrary was proven. 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 to be inconsistent with Article 38 of the Constitution.

For those reasons, I do not intend to make regulations under section 22 of the 2003 Act at this time. I will, however, give serious consideration to any reasonable and workable proposal that would not give rise to the practical, enforcement and evidential difficulties that I have already outlined.

The principal legislative provision relating to the sale of intoxicating liquor to persons under the age of 18 years by licensees is section 31 of the Intoxicating Liquor Act 1988, as amended by the Intoxicating Liquor Acts 2000 and 2003. In the case of a first offence for the sale or supply of intoxicating liquor to an under-age person, the licence holder is liable to a fine not exceeding €1,270. That increases to €1,905 for second and subsequent offences. Moreover, where a licence holder is convicted of such an offence, the District Court is required under the terms of the 2000 Act to make a temporary closure order in respect of the premises concerned. For a first offence the closure order shall not exceed seven days, while the closure order in respect of second and subsequent offences shall be for a period of between seven and 30 days.

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 new Bill will contain provisions designed to combat the sale and supply of intoxicating liquor to, and consumption by, under age persons.

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