Jim Daly (Cork South West, Fine Gael)
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Question 36: To ask the Minister for Justice and Equality if his attention has been drawn to the level of illegal drinking of alcohol in public places such as pavements outside of licensed premises in which the alcohol has not been purchased; his plans in place to address this growing problem; and if he will make a statement on the matter. [29714/12]

Alan Shatter (Dublin South, Fine Gael)
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I can inform the Deputy that a range of strategies and legislative powers are employed by An Garda Síochána in order to respond to the situations referred to by the Deputy. In particular, the Garda Síochána Policing Plan for 2012 includes as key actions the reduction of public disorder and criminal damage through pro-active responses to public disorder including

· identifying anti-social behaviour 'hot spots'

· the deployment of appropriate resources to particular locations

· continued liaison with the licensed trade and those involved in the management of the night time economy

· improving the feeling of safety in the community through the deployment of targeted high visibility patrols

In addition, each Garda District and Divisional Officer configures their policing response to local conditions, including by engaging with local communities as part of the Garda National Model of Community Policing and through the work of Joint Policing Committees. The Joint Policing Committees provide a forum whereby issues of policing concern, including alcohol related anti-social behaviour, can be discussed and solutions recommended accordingly.

Under the Intoxicating Liquor Act 2003 strong legal provisions are in place to deal with the abuse of alcohol and its contribution to public order offending and broader social problems. The Criminal Justice (Public Order) Act 2003 also provides the Gardaí with powers to deal with late night street violence and anti-social conduct attributable to excessive drinking, including exclusion orders in respect of premises, closure orders for licensed premises and catering outlets following anti-social behaviour related offences. Under the Criminal Justice (Public Order) Act 1994, Gardaí may also issue fixed charge notices for the offences of intoxication in a public place and disorderly conduct in a public place. These are a more efficient use of Garda resources and avoid court proceedings when an offender pays the penalty.

The Intoxicating Liquor Act 2008 gives further powers to the Gardaí to tackle misuse of alcohol. The Act places restrictions on the availability and visibility of alcohol and provides for more effective enforcement to deal with the consequences of alcohol abuse. The Gardaí may seize any bottle or container from a person under the age of 18 and which a Garda suspects contains alcohol to be consumed by a person under 18 in a public place. They may also, in respect of adults, seize bottles or containers containing alcohol to forestall public disorder or damage to property and require a person to leave the place concerned in a peaceable and orderly manner.