Terence Flanagan (Dublin North East, Fine Gael)
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Question 393: To ask the Minister for Justice, Equality and Law Reform his plans to introduce legislation to deal with loopholes in the liquor licensing laws which allow off-licences to continue to offer distance sales and home delivery services; and if he will make a statement on the matter. [32466/08]

Dermot Ahern (Louth, Fianna Fail)
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There is no such loophole. As the Government Alcohol Advisory Group pointed out in its Report, it is already an offence under Section 17(3) of the Intoxicating Liquor Act 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 licence, or to permit any other person to do so.

Section 31 of the Intoxicating Liquor Act 1988 (as amended) provides for offences relating to the sale and delivery of alcohol products to persons under the age of 18 years. Under section 31(2) it is an offence for a license holder to sell or deliver, or 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 the persons' parent or guardian in a private residence in which he or she is present either as of a right, or with permission. As an additional precaution, during the discussions leading up to the enactment of the Intoxicating Liquor Act 2008, earlier this year I undertook to examine the possible need for a provision to prohibit third parties for conveying intoxicating liquor for reward from licensed premises to customers. This matter is being examined in the context of the forthcoming Sale of Alcohol Bill.