Written answers

Tuesday, 11 November 2014

Department of Justice and Equality

Alcohol Sales Legislation

Photo of Róisín ShortallRóisín Shortall (Dublin North West, Independent)
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316. To ask the Minister for Justice and Equality in view of the widespread problem of access to alcohol by easy delivery methods and payments, if she will legislate to introduce much stricter controls in this regard. [43197/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The position is that conditions applicable to the sale and supply of intoxicating liquor are set out in the Licensing Acts 1833 to 2011. 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 intoxicating liquor 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.

The Government Alcohol Advisory Group considered specific issues relating to distance sales of intoxicating liquor in its 2008 Report. The Group drew attention to the requirement that payment must be made as part of the transaction in such cases, e.g. on-line shopping, and not later on delivery of the product. The Group noted that sales of intoxicating liquor 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.

The Government Legislation Programme provides for future publication of the Sale of Alcohol Bill which will update the Licensing Acts and replace them with provisions more suited to modern conditions. This Bill will provide an opportunity to further consider the difficulties arising in relation to the control of distance sales of intoxicating Liquor and the enforcement of such controls.

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