John Lyons (Dublin North West, Labour)
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Question 484: To ask the Minister for Justice and Equality his views on the issue of home delivery of alcohol from off-licence sales processed over the telephone and paid for by credit card or cash on delivery; his further views on whether the availability of alcohol by such means is contributing to underage drinking; and if he will make a statement on the matter. [9888/11]

Alan Shatter (Dublin South, Fine Gael)
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Provisions relating to the sale and supply of intoxicating liquor are set out in the Licensing Acts 1833 to 2010. 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 license, to take alcohol 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. Moreover, under section 31(2) of the Intoxicating Liquor Act 1988 (as amended), it is an offence for a licensee to sell or deliver, or permit any other person to sell, or deliver, alcohol 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.

The Government Alcohol Advisory Group considered specific issues relating to distance sales of alcohol in its 2008 Report. The Group drew attention to the requirement that payment must be made as part of the telephone or on-line transaction in such cases and not later on delivery of the product. The Group considered that sales of alcohol which had been ordered by telephone or otherwise and which were paid for on delivery were illegal transactions and recommended that the Gardaí should target such delivery services with a view to prosecuting the offending licensees.