Caoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein)
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Question 77: To ask the Minister for Justice, Equality and Law Reform if he will introduce emergency legislation closing the current loophole whereby the licence to sell alcohol appears to be transferred from the licence holder to the delivery person in dial and drink situations contributing to underage drinking problems. [14029/08]

Brian Lenihan Jnr (Dublin West, Fianna Fail)
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The law already provides for the matter referred to by the Deputy.

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 premises to which the licence refers 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. Sales of intoxicating liquor for which payment is received on delivery do not comply with these statutory provisions. The penalty on conviction for such an offence is a fine of up to €1,500 for a first offence and up to €2,000 for a second or subsequent offence.

Section 31 of the Intoxicating Liquor Act 1988 (as amended by the Intoxicating Liquor Acts of 2000 and 2003) makes provision 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 to permit any other person to sell or deliver, intoxicating liquor for consumption by a person under the age of 18 years in any place except with the explicit consent of that 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 such an 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).