Róisín Shortall (Dublin North West, Labour)
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Question 324: To ask the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 546 of 12 February 2008, the number of prosecutions taken by the Gardaí in respect of off-licence delivery services for the supply of alcohol to minors; and the manner in which the Gardaí can enforce the law in respect of the supply of intoxicating liquor where this is provided through telephone or text ordering for delivery to peoples homes. [7192/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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Section 31(2) of the Intoxicating Liquor Act 1988, as amended by section 16 of the Intoxicating Liquor Act 2003, creates an offence for the holder of a licence authorising the sale of intoxicating liquor to sell or deliver or permit any 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 eighteen years of age 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.

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. Once such activity is uncovered by Gardaí, or is reported to An Garda Síochána, such incidents are the subject of investigation. 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 combating excessive and under-age alcohol consumption.

The following table shows the number of prosecutions commenced for offences under section 31(2) of the Intoxicating Liquor Act 1988, as amended, between 2003 and 2007. It is not possible from the manner in which statistics are collated on PULSE to differentiate between on and off licensed premises.