asked the Minister for Justice if he will take immediate steps to amend section 20 of the Intoxicating Liquor Act, 1960 to provide for the inclusion of guesthouses in the register required to be kept by Bord Fáilte Éireann.
Ceisteanna—Questions. Oral Answers. - Intoxicating Liquor Act.
51.
I have made no decision on what, if any, amendments of the licensing laws I may sponsor and I see no likelihood of my having any proposals for amending legislation in the near future.
Is the Minister not aware—as, of course, he is aware— that at the annual licensing courts next September, objection will be made to the renewal of these licences? About 125 guesthouses are involved. If licences are withdrawn next September, the Minister and the House must agree that it will be a serious setback to the owners of these premises from the point of view of such licences being a tourist amenity?
This difficulty has been brought to my attention recently. Under section 20 of the 1960 Act, a premises licensed after the passing of that Act, on the basis of its being an hotel as defined, cannot have the licence renewed unless the premises are registered on the list of hotels kept by Bord Fáilte. The section specifically states "hotel". I assume this is the difficulty to which the Deputy refers.
Of course.
On going back over it since I got this complaint, I find that this section was deliberately inserted to stop an alleged abuse, a gimmick, that any place calling itself a guest-house—stretching this section—got a licence. Having been told the exact position, whether they were ill-advised or whether they took a chance is a matter for speculation. The reason for this section was first to ensure that it would, in fact, be a proper hotel and that it would comply with the standards set by Bord Fáilte for an hotel, and secondly, to stop what was regarded as a loophole in getting a public house licence for a place which was not used solely and generally as a pub. That was the difficulty and having considered the matter, even if we introduce legislation here, I have grave doubts as to whether the House would agree to amend this particular section.
The Minister knows perfectly well that anywhere in rural Ireland anybody who can satisfy the court under section 2 of the 1902 Act, that he has ten bedrooms, can get a licence to sell intoxicating liquor through the medium of a service hatch. That can be changed of course by the purchase of other licences or converting into a public bar but we are not concerned with that here. The Minister must be aware that there are excellent houses, excellently run as guesthouses, which do not qualify on the Board Fáilte standards as an hotel. I do not wish to name any of them. They are very fine houses and as things are, these people will lose the annual licence in court next September. Would the Minister agree there would not be a lot wrong with bringing in an amending Bill to control existing premises which are now guesthouses and have licences, pending the Minister's codification of the law or introducing further legislation in respect of intoxicating liquor sales? There is a general hardship here, personally, for owners of guesthouses, and there is a setback for tourism in remote areas where there are very high quality houses run as guesthouses which do not qualify.
This, as the Deputy knows, is difficult to try to sort out at Question Time. There are abuses and I have some doubts in my mind whether, if I were to bring in legislation, it would have the backing of the majority in this House. Whether some of these people genuinely made a mistake or deliberately took a chance is something on which I cannot speculate. I will have another look at the matter, but it is not at all clear to me that the House would accept an amendment to section 2 of the 1902 Act.
This is regarded as extremely important to people. If the Minister is not satisfied that the House would accept an amendment to this section if he brought it in, would he have objection if I brought it in?
The Deputy is fully aware what he can bring in.
The Minister appreciates there are difficulties?
I appreciate there are difficulties.
The remaining questions will appear on tomorrow's Order Paper.
I should like to give notice, Sir, that I wish to raise on the Adjournment the matter of the hardship suffered by Dublin Corporation tenants because of discrimination against them by reduction of the housing subsidy and consequent delay in accommodation.
The Chair will communicate with the Deputy.