Charles Flanagan (Laois-Offaly, Fine Gael)
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Question 22: To ask the Minister for Justice, Equality and Law Reform the steps he proposes to take to address under age drinking; and if he will make a statement on the matter. [34571/07]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The Licensing Acts contain a comprehensive set of legislative provisions designed to tackle the problem of underage drinking. The main provisions dealing with this matter are set out in Part IV of the Intoxicating Liquor Act 1988 (as amended by the Intoxicating Liquor Acts of 2000, 2003 and 2004). Section 31 of the 1988 Act (as amended by the 2003 Act) provides that it is an offence for a licensee to—

(a) sell or deliver intoxicating liquor to a person under the age of 18,

(b) sell or deliver intoxicating liquor to any person for consumption on the licensed premises by a person under the age of 18,

(c) permit a person under the age of 18 to consume intoxicating liquor on the licensed premises, or

(d) permit any person to supply a person under the age of 18 with intoxicating liquor on the licensed premises.

Section 31 also provides that it is an offence for a licensee to sell or deliver intoxicating liquor to any person for consumption off the premises by a person under the age of 18 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 Intoxicating Liquor Act 2000 provides that where a licensee is convicted of an offence under section 31 of the 1988 Act, the Court shall, in addition to any other penalty, make an order for the closure of the premises concerned for up to 7 days for a first offence, or at least 7 and not more than 30 days for a second or subsequent offence.

Section 32 of the Intoxicating Liquor Act 1988 (as substituted by the 2003 Act) provides that a person other than the licensee shall not purchase intoxicating liquor for delivery to, or consumption by, a person under the age of 18 years, or deliver intoxicating liquor to him or her. It is not unlawful for such a person to purchase or deliver intoxicating liquor for consumption by a person under the age of 18 years in a private residence with the explicit consent of that person's parent or guardian.

Furthermore, section 33 of the 1988 Act (as amended by the 2003 Act) provides that it is an offence for a person under the age of 18 to—

(a) purchase intoxicating liquor,

(b) consume intoxicating liquor in any place, except with the explicit consent of his or her parent (or guardian) in a private residence in which he or she is present either as of right or with permission, or

(c) represent himself or herself for the purpose of obtaining, or being permitted to consume, intoxicating liquor, to be over 18. In general, persons who commit offences under this section are dealt with under the Garda Diversion Programme.

Section 34 of the Intoxicating Liquor Act 1988, as amended by the Acts of 2003 and 2004, provides that a licensee shall not allow a person under the age of 18 years to be in the bar of licensed premises at any time. However it is not unlawful to allow: (a) a child who is accompanied by his or her parent or guardian to be in the bar of licensed premises between 10.30 a.m. (12.30 p.m. on a Sunday) and 9.00 p.m. (10.00 p.m. from 1 May to 30 September). This exemption does not apply where it appears to the licensee that the child's presence in the bar could reasonably be regarded as injurious to his/her health, safety or welfare;(b) a person who is aged at least 15 years but under the age of 18 years to be in the bar between 10.30 a.m. (12.30 p.m. on Sundays) and 9.00 p.m. (10.00 p.m. from 1 May to 30 September);(c) a child who is accompanied by his or her parent or guardian or a person who is aged at least 15 years but under the age of 18 to be in the bar on the occasion of a private function at which a substantial meal is served to persons attending the function.

Moreover, if a child is present in a bar in contravention of these provisions, the child's parent or guardian is guilty of an offence unless he or she establishes that the child was present without his or her knowledge or consent.

The prohibition on the presence of persons under the age of 18 years on licensed premises does not apply to children of the licensee, persons who reside in the licensed premises, a person who is passing through the bar solely for the purpose of entering or leaving another part of the premises or persons who are employed in the licensed premises. The Intoxicating Liquor Act 2004 provides that it is not unlawful to allow a person under the age of 18 years on licensed premises, or any part of such premises, at a time when: (a) intoxicating liquor is not being sold, supplied or consumed on the premises or, as the case may be, that part of the premises, and (b) physical access to intoxicating liquor on those premises or, as the case may be, that part is securely prevented.

Section 34A of the 1988 Act, as inserted by the 2003 Act and amended by the Intoxicating Liquor Act 2004, requires that persons aged 18 to 20 carry an "age document" e.g. a Garda age card, passport, driver licence, in order to be in the bar of licensed premises after 9.00 p.m. (10.00 p.m. from 1 May to 30 September). Section 37 of the 1988 Act gives the Gardaí the power to seize containers suspected of containing intoxicating liquor which are in the possession of persons under the age of 18 in any place other than an occupied private residence, where a Garda suspects that an offence under section 31, 32 or 33 of the 1988 Act has been committed. A Garda may also request the name, address and age of a person where the Garda suspects that an offence under Part IV of the 1988 Act has been committed. There is a power of arrest if the person concerned refuses to supply his or her correct name, address and age. It is an offence to give a name, address or age which is false or misleading.

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 reforms which are designed to strengthen existing provisions to combat under-age consumption of alcohol. These include:

a new requirement for all off-licences to have written policies and control procedures in place;

a new offence of being in possession of a forged or altered Garda age card with intent to deceive;

a new provision whereby a member of the Gardaí may request the name and address of any person suspected of committing, or of having committed, such an offence; failure to give such details will be an offence; and

a new provision permitting a member of the Gardaí to arrest without warrant a person who refuses to supply his or her name and address or gives a name and address which such member has reason to believe to be false or misleading.

Finally, I should say that I intend to re-examine, as a matter of priority, 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.