I move that the Committee agree with the Seanad in amendment No. 1:—
Section 4. In pages 2 and 3, paragraphs (A) and (B) deleted, and the following substituted:—
"by the deletion of sub-sections (1), (2), and (3) thereof and the insertion therein of the following two sub-sections in lieu of the said sub-sections so deleted, and the said Act and in particular sub-sections (4) and (5) of the said Section 2 shall be construed and have effect accordingly, that is to say:—
‘(1) Save as is otherwise provided by this Act, it shall not be lawful for any person in any county borough to sell or expose for sale any intoxicating liquor or to open or keep open any premises for the sale of intoxicating liquor or to permit any intoxicating liquor to be consumed on licensed premises:—
(a) on any weekday, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or (subject to the exceptions hereinafter mentioned) between the hours of half-past two o'clock and half-past three o'clock in the afternoon, or
(b) on any Sunday:—
(i) in the case of the county borough of Dublin or the Dublin Metropolitan Area, before the hour of half-past one o'clock in the afternoon, or between the hours of three o'clock and five o'clock in the afternoon or after the hour of seven o'clock in the evening, or
(ii) in the case of any other county borough, before the hour of one o'clock in the afternoon or between the hours of three o'clock and five o'clock in the afternoon, or after the hour of seven o'clock in the evening, or
(c) at any time on Christmas Day, Good Friday, or Saint Patrick's Day.
The exceptions referred to in the foregoing paragraph (a) of this sub-section are:—
(i) that between the hours of half-past two o'clock and half-past three o'clock in the afternoon on any weekday the holder of an on-licence attached to premises situate in a county borough may receive on such premises orders (accompanied or not accompanied by payment) by post, telegraph, or telephone but not otherwise for intoxicating liquor to be consumed off the premises and to be delivered by such holder at the residence of the person so ordering the same or at a railway station but not otherwise and may so deliver the intoxicating liquor so ordered, but the person so ordering such intoxicating liquor shall not for the purposes of any other section of this Act be a person to whom intoxicating liquor may be lawfully sold or supplied on such premises between the said hours on the said days, and
(ii) that between the hours of half-past two o'clock and half-past three o'clock in the afternoon on any weekday the holder of an off-licence attached to premises situate in a county borough may receive verbally or otherwise on such premises orders (accompanied or not accompanied by payment) for intoxicating liquor to be consumed off the premises and to be delivered by such holder at the residence of the person ordering the same or at a railway station but not otherwise and may so deliver the intoxicating liquor so ordered and may open and keep open the said premises for the purpose of receiving such orders and may expose on such premises intoxicating liquor for sale on such orders.
(2) Save as is otherwise provided by this Act, it shall not be lawful for any person in any place not being a county borough to sell or expose for sale or to open or keep open any premises for the sale of intoxicating liquor or to permit any intoxicating liquor to be consumed on licensed premises—
(a) on any weekday—
(i) during a period of summer time, before the hour of half-past ten o'clock in the morning or after the hour of half-past ten o'clock in the evening, or
(ii) during any period which is not a period of summer time, before the hour of ten o'clock in the morning or after the hour of ten o'clock in the evening, or
(b) at any time on any Sunday or on Christmas Day, Good Friday, or Saint Patrick's Day.' "
There were two changes inserted by the Seanad. When the Bill left the Dáil, the position was that on weekdays licensed premises could open from 10.30 a.m. until 10.30 p.m., with a split hour from 2.30 until 3.30 in the county boroughs. The opening hours on Sundays were 2 to 3 and 4 to 7 in the County Borough of Dublin and, in the other county boroughs, the hours were 1 to 3 and 5 to 7. In the Seanad this Bill was debated at considerable length. I do not know whether the debate there was quite as long as the debate we had in this House, but the Bill was recommitted in the Seanad and they made some changes. They went back to the 10 o'clock opening in the cities and made the opening hours 10 a.m. until 10 p.m., with the split hour in the middle of the day. I did my best to stick to the 10.30 arrangement, although my original proposal here was 10 o'clock; I made the best case I could for what was decided in the Dáil, but the Seanad were determined not to have that and they brought the position back to what it was originally—that is, from 10 a.m. to 10 p.m., with the split hour.
With regard to places outside the county boroughs, the position is the same as when the Bill left the Dáil, except that in winter the hour goes back to 10 o'clock. I made a special case in that connection in the Seanad. I said that the decision arrived at in the Dáil was influenced mostly by country Deputies who pointed out that in the cities the people were accustomed to new time, while in the country only old time was observed. The case made here was that the country people would be just leaving their work at the time the public houses would be closing. The Seanad decided on 10.30 for the country areas in the summer time and 10 o'clock in the winter. That means that the country public houses would have an advantage of half an hour over the boroughs on weekdays in the summer months. Following the decision of the Seanad, the position in the county boroughs is that the opening hours are from 10 a.m. to 10 p.m., with a split hour from 2.30 to 3.30. Outside the county boroughs the public houses will open at 10.30 a.m. and close at 10.30 p.m. in the summer time and at 10 o'clock in the winter.
As regards Sunday opening, the decision arrived at here was as I have already indicated, but in the Seanad, after a great deal of debate, and some divisions, they finally decided to have the opening at 1.30 p.m. and a closing at 3 p.m. and, following a two-hour gap, a further opening from 5 to 7. There is a difference between the Dublin Borough and the other boroughs of half an hour later opening for the first portion of the day. After hearing the arguments from all sides, and taking everything into consideration, I do not think there is much chance of improving the Bill, and perhaps it is just as well to leave it as it is. I would like to have uniformity if it could be got, but I am still satisfied that there are circumstances existing in the City of Dublin which justify a difference in the first portion of the day. There was a compromise in the Seanad, and there was a fair amount of agreement there. I do not think it would be fair to ask me, after all the trouble I have taken with this Bill, to go back again to the Seanad.