Richard Bruton (Dublin North Central, Fine Gael)
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Question 555: To ask the Minister for Justice, Equality and Law Reform if his attention has been drawn to the growth of dial a can services whereby drink will be delivered to children under the legal age, for example if their parents are out; and if there are measures that could be taken to stop this activity. [32456/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account, or for the benefit or profit, of the licensee, or to permit any other person to do so. The penalty on conviction is a fine of up to €1,500 for a first offence and up to €2,000 for a second or subsequent offence. Concerns in relation to specific premises should be brought to the attention of the Gardaí. Moreover, section 31 of the Intoxicating Liquor Act 1988 (as amended by the Intoxicating Liquor Acts of 2000 and 2003) provides for offences relating to the sale and delivery of intoxicating liquor to persons under the age of 18 years.

It is an offence under section 31(2) for a licensee to sell or deliver, or permit any other person to sell or deliver, intoxicating liquor to any person for consumption off his or her licensed premises by a person under the age of 18 years in any place except with the explicit consent of the person's parent or guardian in a private residence in which he or she is present either as of right or with permission.

The penalty on conviction for this offence is a fine of up to €1,270 for a first offence and up to €1,904 for a second or subsequent offence. In addition, the Intoxicating Liquor Act 2000 provides for the mandatory temporary closure of licensed premises in cases where a licensee is convicted of an offence under section 31 of the 1988 Act (up to 7 days for a first offence, or at least 7 and not more than 30 days for a second or subsequent offence).