Ruairi Quinn (Dublin South East, Labour)
Link to this: Individually | In context

Question 205: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if he will amend the Intoxicating Liquor Act 2003 to prohibit publicans from providing free alcoholic beverages on a time limited basis to customers; the number of prosecutions to date under section 20 of the Intoxicating Liquor Act 2003, broken down by year from 2003 to date in 2007; the number of detections of potential offences under section 20 of the Intoxicating Liquor Act 2003 for the period 8 to 12 February 2007; and if he will make a statement on the matter. [5696/07]

Michael McDowell (Dublin South East, Progressive Democrats)
Link to this: Individually | In context

Section 20 of the Intoxicating Liquor Act 2003 prohibits the supply of intoxicating liquor at a reduced price during a limited period on any day. It is intended to discourage practices which may lead to excessive consumption of intoxicating liquor, such as happy hours.

For the purposes of section 20, reduced price is defined as a price less than that regularly being charged for the intoxicating liquor during an earlier period after 10.30 a.m. (12.30 p.m. on a Sunday) on the day concerned. It does not, therefore, prohibit commercial practices such as an annual wine sale or a product promotion taking place over one or more days, as long as intoxicating liquor is not sold at a reduced price during a limited period after 10.30 a.m. on any day. A prohibition on supplying intoxicating liquor free of charge could have unintended effects such as preventing a wine shop operator from providing samples of wine or preventing a licensee from giving a complimentary drink to a customer at Christmas.

I should say that section 22 of the 2003 Act provides for the making, should the need arise, of regulations prohibiting or restricting a licensee from doing or permitting, for the purposes of promoting the licensee's business or any event or activity taking place on the licensed premises, anything that is intended or likely to encourage persons on those premises to consume intoxicating liquor to an excessive extent.

I am informed by the Garda authorities that there are four proceedings recorded as having commenced, for the offence of supplying alcohol at a reduced rate, since 2003 — three in 2005 and one in 2006.

I am further informed that with regard to such incidents recorded between 8 February to 12 February, 2007 there is no specific category on the Garda PULSE system used to record an individual offence contrary to the Liquor Licensing Acts. Many liquor licensing offences are recorded in the category and it is not possible, without the expenditure of a disproportionate amount of Garda time and resources, to provide the information requested.