asked the Minister for Justice whether he is satisfied that the number of licences being granted for the extension of hours for the sale and consumption of intoxicating liquor is reasonable; and, if not, if he will say what action he proposes to take.
Ceisteanna—Questions. Oral Answers. - Intoxicating Liquor: Extension of Trading Hours.
6.
Under the Intoxicating Liquor Acts, the granting of Occasional Licences and of General and Special Exemption Orders is a matter for the discretion of the courts subject of course to certain limits prescribed by law. Accordingly, it is not to be expected that the extent to which such licences and exemption orders are granted will at all times correspond to what I, as Minister for Justice, may think reasonable. On the other hand, if these licences or exemption orders were being granted on such a scale as would in my opinion be seriously contrary to the public interest, I would, of course, have the duty of proposing to the Government the introduction of amending legislation.
I am aware that for some time there has been in certain quarters criticism of the extent to which occasional licences and exemption orders have been granted. Much of this criticism is, however, openly based on the assumption that the determining factor in these cases should be, not the reasonable needs of the public but the trade interests of publicans in the vicinity, and the courts have been criticised for the granting of occasional licences or exemption orders even for special functions such as an annual dance which might be the only such event that most of the patrons would attend in the entire year. I wish to place on record that I am not prepared to accept the view that there is anything wrong with the granting of reasonable facilities of this kind on special occasions or that the provision of such facilities on those occasions can properly be compared with the facilities for drinking that are provided in public houses which are open to the public every day of the year except Christmas Day and Good Friday.
A special enquiry made by my Department some months ago showed that, over the country as a whole Occasional Licences (which have been the main cause of complaint) were not in fact granted for dances save in exceptional circumstances. It appears, however, that there are a very few areas in which the courts have adopted a much more lenient attitude. The granting of Occasional Licences for ordinary commercial dances in dance halls is being strongly opposed by the Garda Síochána, except perhaps on very special festive occasions, and I am keeping the matter under close review to see to what extent the courts can be prevailed on to accept that view. If it turns out that the granting of Occasional Licences for ordinary commercial dances becomes a widespread and regular feature, thereby giving dance halls for all practical purposes the same privileges as if they were licensed under the Intoxicating Liquor Acts, the question of amending legislation will be considered in due course.