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Dáil Éireann debate -
Thursday, 20 Nov 1975

Vol. 285 No. 13

Ceisteanna—Questions. Oral Answers. - Publichouse Licences.

4.

asked the Minister for Justice the number of six-day and other non-full seven-day licences in existence; and if he has any plans to grant an opportunity to the holders of such licences to extend them to become normal full seven-day licences.

On 31st August, 1975, 400 restricted on-licences were in force.

The law provides for the conversion of restricted on-licences to full, seven-day on-licences. The procedure involves the extinguishing of one or, in certain circumstances, two existing restricted licences or a full licence. I assume, however, that what the Deputy has in mind is that a scheme should be introduced similar to that which was operated in the three-year period following the enactment of the Intoxicating Liquor Act, 1960, whereby a person who had a restricted licence could purchase the right to convert it into a full licence. As to that all I can say is that various proposals have been made to me in relation to possible amendments of the Intoxicating Liquor Acts, including proposals of the kind I have referred to. These proposals are still under consideration and I am not in a position to say if amending legislation will be introduced.

According to the law restricted licences can be transferred only within their own jurisdiction, in other words, within their own court area so that if the holder of a restricted licence wishes to sell, he must do so within his own area. Some years ago those people had the option of purchasing but for some reason some of them did not purchase.

I want to assist the Deputy in eliciting information but he must do so by way of question.

You always say that to me, a Cheann Comhairle, but I have my own way of incorporating a question at the end of what I am saying. Since most of those licences are held in remote areas which are now considered tourist areas there arises the embarrassing situation of a person holding a restricted licence while only four houses from him is the holder of the full licence. I have in mind a case in a village in Clare. This means that the premises with the restricted licence can be raided, if I may use the word, an hour before the other pub is raided.

The Deputy is taking a licence to which he is not entitled. May we have a question, please?

Some years ago the licence could have been exchanged for a full one for a payment of, I think, £400. It would be worthwhile for people holding these restricted licences to pay £1,000 today in order to obtain the full licence. A sum of £400,000 might be very useful to the Exchequer at the moment.

Especially in the wake of the news that came from the Parliamentary party last night.

I do not know what the Deputy is referring to.

May we take it that the Minister proposes to introduce major reform in this area?

No. The question asked whether there are plans to grant an opportunity to the holders of restricted licences to become full seven-day licence holders. The law provides for the holders of restricted licences to convert these to full seven-day licences. It provides for their transfer to any part of the country. I have explained the procedure involved. The only other way that a restricted licence could be converted to a full licence would be by the re-introduction of a procedure which was available some years ago whereby the licence, on payment of a sum of, I think, £200 to the Revenue Commissioners, was granted a full licence.

I have had various proposals in this regard. I have met deputations from the restricted licence holders. The matter was raised here also by Deputy Brennan some time ago in a debate on the disposal of the funds accumulated from the purchase some years ago of those licences. The matter is under consideration but no decision has been reached.

Will the Minister agree that legally a restricted licence can be transferred only within its own court area?

It depends on the form of transfer.

The situation is that the licence can be transferred within its own court area.

With respect, that is not the position.

It used to be.

A restricted licence can be transferred to any part of the country.

That is not so.

We cannot have an argument on this.

Let us say it is an abstruse point of view.

Did I understand from the Minister that he agrees with it in principle and that it is only a matter of arranging payment?

I did not. I said a decision in principle had not been taken.

But that the Minister is in favour of it?

I did not say that, either.

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