Frank Feighan (Sligo-Leitrim, Fine Gael)
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497. To ask the Tánaiste and Minister for Justice and Equality the new measures being considered under the sale of intoxicated liquors in future legislative proposals; if once-off event licences for the sale of alcohol will be considered rather than the current transfer of licences as under current law and procedures around the district and circuit courts. [10904/23]

Simon Harris (Wicklow, Fine Gael)
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Following extensive consultation including representative bodies in the licensed trade, businesses, public health bodies, consumers and communities, the General Scheme of the Sale of Alcohol Bill was published on the 25th of October 2022. It marks the Government’s commitment to the reform and streamlining of licensing laws to support and stimulate the night time economy.

The General Scheme of the Bill intends to provide for a more transparent, user-friendly application process and to support the development of the night time economy and ensure our licensing system meets the needs of modern society and economy.

A number of new measures to facilitate these reforms will be introduced:

- Regular trading hours will change to 10.30am to 12.30am seven days a week;

- New annual permits for late bars and nightclubs will be created to replace the current system where a Special Exemption Order is required every time such a venue wants to open after normal hours;

- Opening hours for late bars remain at 2.30am and, to bring Ireland in line with other European countries, nightclubs will have the option to remain open until 6am – with the requirement that alcohol cannot be served after 5am. Nightclubs and late night bars must adhere to strict requirements for these permits, they will require court approval for such permits, with objections allowed from fire authorities, the HSE, An Garda Síochána and local communities;

- All venues will be obliged to have measures in place to ensure their staff, patrons and performers are protected from harassment, including sexual harassment in line with the new Night Time Economy Charter and the Government’s Zero Tolerance Plan to tackle Domestic, Sexual and Gender Based violence;

- The General Scheme also proposes an amendment to the ‘extinguishment’ provision, whereby anyone seeking to open a new premises or an off licence must first purchase a licence from an existing licence holder in order to do so. After a transition period of three years following the enactment of the Bill, it is proposed to remove the extinguishment requirement to obtain a seven day on licence. The ‘extinguishment’ requirement will remain in place for off licences;

- The proposed legislation will introduce a new “cultural amenity licence” for galleries, theatres, museums and other cultural venues Conditions around the online sale of alcohol will be strengthened;

- The powers of An Garda Siochána will be strengthened. AGS will be able to apply to the District Court for a temporary closure order where a licensed premises has failed to comply with an direction to preserve order on their premises;

- An Garda Síochána will have the power to issue fixed charge notices for offences such as being ‘found on’ licensed premises during prohibited hours, consuming alcohol on such premises during prohibited hours and falsely representing oneself as being resident in licensed premises for the purposes of obtaining alcohol.

In relation to once-off events, continued provision has been made for occasional permits which permit the sale of alcohol at an event being held at a place where no licence is attached. The license holder remains responsible for ensuring that all licensing obligations are respected. Provisions relating to these permits have been updated to add the fire authority and local authority as notice parties and, as a consequence, the prohibition in relation to having an event in a tent, marquee or other such structure has been lifted. These changes will provide greater flexibility for those wishing to make use of this type of permit while ensuring that the safety of those attending the event is taken into account.

With regard to the courts, the licensing application and renewal systems will be reformed in a number of ways. Currently the Circuit Court is involved in all new on-licence applications. It is proposed to streamline court involvement so that all court licensing matters will be entrusted to the District Court going forward. It will be possible thereafter to apply for licence renewals that are not the subject of objection(s) via an online licensing portal. This will remove the requirement to go to the District Court once documents and proofs are submitted, and in compliance with all legal obligations. This will reduce the costs involved and reduce the pressure on our courts system, whilst retaining court oversight of licencing. This will ensure the system will be accessible, transparent and reflective of local conditions for all those involved.