asked the Minister for Justice if he is aware that a number of hoteliers and guest-house owners who obtained hotel licences under an Act passed in 1902 are now threatened with losing their licences due to standards being demanded by Bord Fáilte (details supplied); and if he will take steps to protect the interests of these people.
Ceisteanna—Questions. Oral Answers. - Hotel Licences.
21.
(Cavan): I think I should explain, for the record, that the detail supplied by the Deputy in relation to this question was a reference to section 20 of the Intoxicating Liquor Act, 1960.
That section provides that where, after the passing of the Act, a licence is obtained (i.e. obtained for the first time) in respect of a premises on the basis that it is a hotel within the meaning of the Licensing Acts, the licence may not be renewed (at the annual licensing session) unless it is shown to the satisfaction of the Court that the premises is registered in the register of hotels kept by Bord Fáilte.
Since I have no function in regard to the standards prescribed by Bord Fáilte, I assume that what the Deputy wishes me to do is to introduce legislation to amend or repeal the section of the 1960 Act to which he has referred. I indicated to-day in reply to a parliamentary question that various proposals for the amendment of the Acts have been made, that I am examining them but that no decision has yet been taken to introduce amending legislation. The most I can say at this stage in relation to section 20 of the 1960 Act is that it was introduced following a recommendation of an Intoxicating Liquor Commission and that it has obviously much to commend it.
Is the Minister aware that a number of people got licences under the 1902 Act; that at that time there was no statutory provision as to what was a hotel and that subsequent Acts have changed the situation, meaning that people who have been doing business over a long number of years find now they are no longer entitled to a licence? In view of this would the Minister reconsider the whole position in relation to this matter?
(Cavan): With great respect, I think the Deputy is incorrect. People who got licences, as hotel licences, under the 1902 Act are in no way affected by the register of hotels kept by Bord Fáilte; they continue to hold their licences. This provision applies only to people who got licences, as hotel licences, after the passage of the 1960 Act. Those people who got licences under the 1960 Act got them in respect of premises that were hotels and were registered by Bord Fáilte. It is only if the hotels have been downgraded by Bord Fáilte and removed from the register of hotels that they lose the licence.
I am afraid that is not the information I have received. Is the Minister aware that a number of hotel owners and guest-house owners who had licences prior to the 1960 Act have been told in the courts that they are no longer entitled to call themselves hoteliers because the 1960 Act does not give them a grading?
(Cavan): They may not be entitled to call themselves hoteliers but if they had their publican's licence before 1960 they can still retain it. That is my understanding.
Information which I have been given by a member of the legal profession——
(Cavan): They are not all infallible.
I am told that five hoteliers in Mayo have been told by the courts that they are not entitled to sell intoxicating liquor.
(Cavan): I am telling the Deputy those five people must have obtained their publican's licence for the first time subsequent to the passing of the Intoxicating Liquor Act, 1960. If that is not so and when the matter is looked into the Deputy will receive a communication from the Department of Justice and the matter will be put right. I am convinced what I have said is correct.