Róisín Shortall (Dublin North West, Labour)
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Question 546: To ask the Minister for Justice, Equality and Law Reform his views on delivery services offered by many off-licences at present and the manner in which the licensing laws are enforced in these circumstances; if his attention has been drawn to the practice of some off-licences promoting text ordering services for delivery of alcohol which make enforcement of licensing laws virtually impossible; if he will take steps to prohibit this method of sale and promotion of alcohol; and if he will make a statement on the matter. [4650/08]

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 Garda Síochána.

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).

I have asked the recently-established Government Alcohol Advisory Group to examine the adequacy and effectiveness of existing sanctions and penalties, particularly those directed towards combatting excessive and under-age alcohol consumption. I will bring the concerns outlined in the Deputy's question to the attention of the Group and seek their views in relation to these concerns.