Written answers

Wednesday, 24 February 2021

Photo of Seán HaugheySeán Haughey (Dublin Bay North, Fianna Fail)
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973. To ask the Minister for Health if he will introduce regulations to prohibit the sale and delivery of alcoholic drinks from pubs and restaurants to private householders for the duration of the Covid-19 pandemic; and if he will make a statement on the matter. [10139/21]

Photo of Stephen DonnellyStephen Donnelly (Wicklow, Fianna Fail)
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As you will be aware the current public health restrictions at level 5 of the Government's Framework Resilience and Recovery 2020-2021: Plan for Living with COVID-19 will remain in place until 5th April 2021, when a further review will be conducted. The Framework continues to provide an appropriate mechanism to guide decision-making, and it will continue to be supplemented by more detailed sectoral guidance in relation to measures that apply at each level of the Framework.

On 23 February the Government published COVID-19 Resilience & Recovery 2021: The Path Ahead, which sets out how in-school education and childcare services will be reinstated in a phased manner from 1 March, with staggered return throughout March to be concluded after the Easter break on 12 April. Information on the revised plan is available here -

The current Regulations in effect are the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 10) Regulations 2020 (S.I. No. 701 of 2020). Part 1A of the Schedule sets out the essential retail outlets permitted to operate, including, at paragraph 15, outlets selling food or beverages whether on a retail or wholesale basis and whether in a non-specialised or specialised outlet, insofar as they sell food or beverages on a takeaway basis or for consumption off the premises.

While there is no dedicated licence for online sales of intoxicating liquor, licensees of licensed premises may engage in online sales subject to certain restrictive conditions.

As matters stand, under existing legislation where alcohol is purchased online, the same restrictions on the sale and supply of intoxicating liquor apply, including the restrictions in relation to hours of trading and the provisions in relation to the sale and supply of intoxicating liquor to young persons.

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 licence, 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.

Section 31 of the Intoxicating Liquor Act 1988, as amended, makes provision for offences relating to the sale and delivery of alcohol products to persons under the age of 18 years. It is an offence under section 31(2) for a licensee to sell or deliver, or to permit any other person to sell or deliver, alcohol products to any person for consumption off his or her licensed premises by a person under the age of 18 years in any place except with the explicit consent of the person's parent or guardian in a private residence in which he or she is present either as of right or with permission.

It is not possible to say what public health measures will be in place in the future. The public health advice relating to Covid-19 is kept under continuing review by the National Public Health Emergency Team (NPHET), by my Department and by the Government. The measures in place and the public health advice have been adapted to the changing circumstances and this will continue to be the case for the foreseeable future.

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