Dáil Éireann debate -
Wednesday, 10 Jun 1998

Vol. 492 No. 2

Written Answers. - Liquor Licensing Laws.

Michael Creed

Question:

132 Mr. Creed asked the Minister for Justice, Equality and Law Reform if he has satisfied himself that there is uniformity in the application of the licensing laws throughout the country, including the Dublin Metropolitan Area and, in particular, if his attention has been drawn to a Garda memo in this regard which appears to have a regional rather than a national application. [13818/98]

Minister for Justice, Equality and Law Reform (Mr. O'Donoghue)

The enforcement of the law is a matter for the Garda Síochána.

As I have indicated to the House before, I am aware that the holders of liquor licenses in certain western counties are concerned that law enforcement, in so far as it relates to closing times, is more rigorous than was perhaps the case in the past. I have also been made aware of the perception that there is less rigorous enforcement elsewhere. I asked the Commissioner to examine what was being suggested.

The Commissioner has informed me that since the laws governing the opening hours of licensed premises, including the provisions governing the granting of special exemption orders, have uniform effect, they are enforced uniformly. The Commissioner has also informed me, however, that the gardaí, on occasion have experienced difficulties of a public order nature in the enforcement of the liquor licensing laws.

In one region, arising from these difficulties, it was the view of divisional officers that the maintenance of public order required priority attention and, as a result, there was agreement that enforcement of the licensing laws should be refocused. As part of this refocusing, due consideration was given to the processing of applications for special exemption orders, having regard to the statutory provisions governing the granting of such orders.

The Commissioner has further informed me that, in accordance with his statutory responsibility for the general direction of the Force, a general circular was issued recently to all members on the topic of special exemption orders. The circular recommends that the inclusion of certain conditions be sought in accordance with the relevant statutory provisions with a view to ensuring that the legislation is enforced in a uniform manner.

With regard to the reference in the Deputy's question to a Garda memo, I am not clear as to which memo the Deputy has in mind. Perhaps he could supply me with a copy of whatever document is in his possession.