Joan Burton (Dublin West, Labour)
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Question 129: To ask the Tánaiste and Minister for Finance the procedure and circumstances in which the Revenue Commissioners have the power to grant a theatre licence in respect of licensed premises which in effect permits late bars to open; if his attention has been drawn to the fact that the Revenue Commissioners recently granted a theatre licence to a company (details supplied) in County Meath and that the granting of a theatre licence followed a refusal by the District Court of a dance licence in view of the concerns of local residents regarding late drinking leading to increased anti-social behaviour; and if he will make a statement on the matter. [15515/08]

Brian Cowen (Laois-Offaly, Fianna Fail)
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I am advised by the Revenue Commissioners that the applicants in this instance were granted a licence for public music and singing under section 51 of the Public Health Acts Amendment Act 1890 and section 33 of the Courts (Supplemental Provisions) Act 1961 at Dunshaughlin District Court on 15 November 2007. On foot of the receipt of this licence, an application was made to the Revenue Commissioners for a theatre licence under section 7 of the Excise Act, 1835. The application was accompanied by the public music and singing licence, a valid tax clearance certificate and a list of acts engaged to perform at the venue.

In accordance with the normal procedures, an inspection of the premises was carried out by an official of the Revenue Commissioners. As all legal requirements for the granting of a theatre licence had been met, a licence duly issued. The Courts have determined that, under the current law, the Revenue Commissioners may not refuse to grant a theatre licence solely on the grounds that the premises for which the licence is sought is a public house. The question of theatre licences is among the issues considered by the Government Alcohol Advisory Group appointed by my colleague the Minister for Justice, Equality and Law Reform. The Group has now reported and I understand that legislative proposals arising from the work of the Group were published earlier today. The matter of the refusal by the District Court to issue a dance licence is outside the remit of the Revenue Commissioners.