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Dáil Éireann debate -
Tuesday, 15 Jun 1999

Vol. 506 No. 2

Written Answers. - Underage Drinking.

Dick Spring

Question:

64 Mr. Spring asked the Minister for Justice, Equality and Law Reform the measures, if any, he is taking to combat the problem of underage drinking of alcohol; if he has satisfied himself that the penalties for those selling alcohol to minors are sufficient; and if he will make a statement on the matter. [15392/99]

The Intoxicating Liquor Act, 1988, already contains a comprehensive set of provisions designed to tackle the problem of underage drinking. The primary purpose of those provisions is to make it as difficult as possible for persons under 18 years to purchase alcohol lawfully, or to be in possession of it or to consume it other than in a private residence. Chief among the provisions are that: it is an offence for any person under 18 years of age to purchase alcohol, or for someone else to purchase alcohol for any person under 18 years of age, whether in an on or off-licence, or to consume it in any place other than a private residence; it is an offence for a licence-holder to sell or deliver alcohol to a person under 18 years or to permit consumption of drink by, or the supply of drink to, such a person; intoxicating liquor in the possession of under 18s in any place other than a private residence may be seized by the gardaí; persons under 15 years are not allowed into the bar of a licensed premises unless accompanied by a parent or guardian; no person under 18 years is allowed in the part of licensed premises where an extension under a special exemption order is in force; and under 18s are not allowed on off-licensed premises unless accompanied by a parent or guardian.

The Garda Siochána are given powers under the 1988 Act to demand names and addresses, seize intoxicating liquor, arrest without warrant and enter and inspect premises.

I am informed that the Garda are enforcing the legislation on underage drinking on a daily basis countrywide. The provisions of the Criminal Justice (Public Order) Act, 1994, are also being used to seize alcohol from underage persons and to arrest those whose behaviour merits such a response.

On 19 January 1999, I made regulations to provide for the introduction of a national voluntary age card scheme as provided for in section 40 of the Intoxicating Liquor Act, 1988. Those regulations came into effect on 19 April 1999. Any person who has attained 18 years of age is entitled to apply for an age card at his or her local Garda station. The voluntary age card scheme should, in time, prove an effective additional deterrent in the fight against the scourge of underage drinking.

The seriousness with which a breach of the laws in relation to underage drinking is viewed is demonstrated by the fact that infringement of these laws can result in the holder of any intoxicating liquor licence having his or her licence mandatorily endorsed. A third live endorsement results in the automatic forfeiture of the licence. In addition, breaches of the law attract a range of fines in the case of a first offence and in the case of any subsequent offence. In the context of my general review of the licensing laws, I am considering the question of stiffer penalties, either by way of an increase in fines or by other means. The details of any Government decisions in this area will be announced in the usual way.
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