Written answers

Wednesday, 12 December 2007

Department of Justice, Equality and Law Reform

Liquor Licensing Laws

9:00 pm

Photo of Leo VaradkarLeo Varadkar (Dublin West, Fine Gael)
Link to this: Individually | In context

Question 186: To ask the Minister for Justice, Equality and Law Reform if he will amend the liquor laws to restrict or end the practice whereby alcohol is sold by convenience stores and at petrol stations; and if he will make a statement on the matter. [29442/07]

Photo of Brian Lenihan JnrBrian Lenihan Jnr (Dublin West, Fianna Fail)
Link to this: Individually | In context

The position regarding the acquisition of off-licences is that an applicant who wishes to obtain such a licence to sell alcohol other than wine must apply to the District Court under section 18 of the Intoxicating Liquor Act 2000 for a certificate entitling him or her to obtain such a licence from the Revenue Commissioners.

The District Court may refuse to grant the necessary certificate on one or more of the following grounds: the character, misconduct or unfitness of the applicant; the unfitness or inconvenience of the new premises; the unsuitability of the premises for the needs of persons residing in the neighbourhood; or the adequacy of the existing number of licensed premises of the same character in the neighbourhood.

Notice of intention to apply for the certificate must be served on the Superintendent of the Garda Síochána within whose district the premises are located at least 21 days before the date of the hearing of the application. A notice of intention to apply for the certificate must also be published in a newspaper circulating in the place where the premises are located at least 21 days before the date of the hearing. The Superintendent of the Garda Síochána, any resident or owner of property in the surrounding area or any person who would be affected by the decision to grant a licence may then object on specified grounds in the District Court to the grant of the certificate.

I should also point out that under the Planning and Development Regulations 2005, any change of retail use which will involve the sale of alcohol other than wine requires planning permission in addition to satisfying the conditions already referred to in section 18 of the Intoxicating Liquor Act 2000.

Licences to sell alcohol expire on 30 September each year and may be renewed subject to the good character of the licensee and the peaceable and orderly manner in which the licensed premises were conducted during the preceding year. The Superintendent of the Garda Síochána for the licensing area within which the premises are located or a member of the public may object to the renewal of any licence on either of these grounds. In addition, any person may make an objection to the renewal of the licence where the District Court has made on order for redress under section 19 of the Intoxicating Liquor Act 2003 in relation to prohibited conduct under the Equal Status Act 2000.

The Government Legislation Programme published on 25 September provides for publication of a Sale of Alcohol Bill in 2008. This Bill will modernise and streamline the laws relating to the sale and consumption of alcohol by repealing the Licensing Acts 1833 to 2004, as well as the Registration of Clubs Acts 1904 to 2004, and replacing them with updated provisions more suited to modern conditions.

The proposed Bill will contain new provisions: requiring all planning authorities to address the regulation and control of the location of licensed premises in their development plans; requiring proof of planning permission and certification by a suitably qualified person of compliance with both planning conditions and fire safety standards to be presented to the District Court; extending the grounds on which the Garda may object to the grant of alcohol licences to include an undue risk of public nuisance or a threat to public order or safety; and clarify the right of members of the public to object to renewal of licences on stated grounds.

Furthermore, as I have already stated publicly, it is my intention to re-examine, as a matter of priority, the existing legislation on the sale and consumption of alcohol with a view to identifying any further changes in the law which may be necessary with a view to maintaining public order and ensuring public safety.

Comments

No comments

Log in or join to post a public comment.