Róisín Shortall (Dublin North West, Social Democrats)
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436. To ask the Tánaiste and Minister for Justice and Equality her plans to amend the Intoxicating Liquor Act 2003 to provide local authorities with the option of making bye-laws that would allow responsible consumption of alcohol in public places, for example, parks, beaches, licensed parklets and outdoor seating in public areas while at the same time allow for the retention of a ban on drunkenness and drunk and disorderly behaviour in all public places; and if she will make a statement on the matter. [35904/21]

Hildegarde Naughton (Galway West, Fine Gael)
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On Friday last, I was pleased to announce the enactment of the Civil Law (Miscellaneous Provisions) Bill 2021. Notwithstanding local authorities powers’ to make bye-laws, this important piece of legislation introduces changes in the law to allow for the sale and consumption of alcohol in relevant outdoor seating areas, where those outdoor seating areas have been permitted by the relevant local authority on public land, or where they are on private land abutting the licensed premises, as provided for in the Act.

These relevant outdoor seating areas are deemed to be part of the licensed premises while this legislation remains in force. As the Deputy will be aware, the Act has been introduced in response to the unique circumstances of the pandemic and therefore is time-bound. The provisions of the Act will remain in place until 30 November 2021, but can be extended for up to 6 months at a time, if a resolution is passed by the Houses of the Oireachtas.

Importantly, this legislation provides the clarity that has been sought and ensures that we can deliver on the Government’s commitments for an outdoor summer and to give certainty to thousands of businesses and their staff that they can remain open and continue to serve their customers in a safe and compliant way.

The Act preserves the existing obligations on licence holders, including to maintain good order on their licensed premises. Failure to do so will be grounds for objection to the renewal of the licence, even if, at the time of renewal, the licensee has ceased to operate the outdoor seating area.

The Act also makes it an offence not to comply with a direction by a member of An Garda Síochána to take any steps necessary to ensure compliance with the licensing legislation. This is liable on summary conviction to a fine of up to €2,500 and/or a term of imprisonment of up to 6 months. Compliance with the relevant COVID-19 health regulations will also apply to outdoor seating areas.

The Justice Plan 2021, published on 22 February, commits to reviewing and modernising alcohol licensing.

My Department is actively engaged with the Night-Time Economy Taskforce looking at innovative approaches to support and develop a vibrant, diverse night-time culture and economy in Ireland. The work of the Taskforce is ongoing and has included wide stakeholder engagement. A key challenge identified by stakeholders is the outdated alcohol licensing legislation and this will be reflected in the report of the Taskforce. I am working with my colleague Minister Catherine Martin and the Taskforce to support the work of the Taskforce and implement its recommendations without delay. It is my firm intention that this reform will be developed with a supportive approach to businesses and the interests of public health, consumers and communities will be central to implementation.

It is my intention to bring forward legislation that will contain proposals to update the law relating to the sale, supply and consumption of alcohol in licensed premises and registered clubs, by replacing both the Licensing Acts 1833 to 2018 and the Registration of Clubs Acts 1904 to 2008 with streamlined provisions more suited to modern conditions.

While trading hours for licenses premises will be part of that legislative review, in the context of the current curtailment of the opening hours of licensed premises this is a matter that the Department of Health monitors as part of the Covid regulations. It should be borne in mind that, in the context of supporting business to operate in outdoor seating areas, extended hours are not suitable for many licensed premises operating in these outdoor areas in light of community and neighbourhood concerns. There is a balance of considerations in all such decisions.