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Dáil Éireann debate -
Thursday, 5 Oct 2000

Vol. 523 No. 3

Other Questions - Liquor Licensing Laws.

Frances Fitzgerald

Question:

9 Ms Fitzgerald asked the Minister for Justice, Equality and Law Reform if his Department is reviewing the effects of the recent changes in the licensing laws; the plans he has in this regard; and if he will make a statement on the matter. [20761/00]

P. J. Sheehan

Question:

28 Mr. Sheehan asked the Minister for Justice, Equality and Law Reform if he has satisfied himself that the new licensing legislation introduced in 2000 is working satisfactorily; and the plans he has to amend this. [20758/00]

Michael Creed

Question:

53 Mr. Creed asked the Minister for Justice, Equality and Law Reform if he will set up a review group to monitor the recent changes in the licensing laws. [19720/00]

I propose to take Questions Nos. 9, 28 and 53 together.

The policy contained in the Intoxicating Liquor Act, 2000, which I initiated as Minister, is based in part on the recommendations contained in the report of the Oireachtas Committee on the Liquor Licensing Laws and takes into account the recommendations of the Competition Authority as well as submissions made by various persons and interest groups in the course of the extensive process in which I engaged.

The policy in the new legislation received widespread support in both Houses. The legislation has been in operation since 6 July 2000 and all indications to date are that, in general, it is operating satisfactorily. I appreciate that the changes provided are wide ranging and that it is too soon to draw conclusions about their full effectiveness. However, the operation of the law in this area will be kept under review by the Department.

As indicated during the passage of the legislation, I am, with Government approval, establishing a commission on liquor licensing. The commission will be expected to present a final report within two years. Among the tasks of the commission will be to review the liquor licensing system in light of all relevant factors while taking due account of the social, health and economic interests of a modern society, including the scope of additional licences.

While the commission will have a specific remit to examine the licensing system in particular, it will also have a broad remit to inquire into other aspects of the licensing code as appropriate. Plans are in place for a further review of our intoxicating liquor laws. I have no proposals for further changes in the law in advance of the work of the commission.

A number of groups, including Victim Support, have expressed the opinion that the later closing times are placing increased pressure on services such as public order and that, for example, young people are coming on to the streets later when there is less public transport. Have these concerns been brought to the Minister's attention and what would be his response to them?

We must not lose sight of the fact that the majority of people who go for a drink do so for social reasons and have a responsible attitude to alcohol consumption. It would not be appropriate in the final analysis to take measures which would penalise the responsible drinker. The new trading hours reflect the changing pattern of drinking habits and are designed to facilitate the responsible drinker. They are not designed to increase the opportunities for the abuse of alcohol or breaches of the law in that regard.

I have no reports available to me, and there is no evidence to which I can point, which suggest that the later licensing hours have had an adverse effect in terms of an increase in street violence. Before the Deputy arrived I outlined the situation concerning street violence in so far as I could.

I remind the House that the Garda has been implementing Operation Oíche to target specific trouble spots. My own view is that the later hours introduced under the Intoxicating Liquor Act, 2000, are not the cause of the problem. This problem existed before the new hours came into vogue. We have not seen an appreciable increase in indictable offences in this respect.

The Minister represents a constituency with large tracts of rural areas. Is he aware that one of the unforeseen consequences of the new licensing laws is the greater mobility of pub licences and the consequences of that for many rural areas where pubs are closing and the licences transferred to larger urban areas? In the context of the commission on liquor licensing which is about to be established, will the Minister ask the commission to consider some kind of step-down licence for rural areas? Many rural pubs open at 7 p.m. or 8 p.m. and are not comparable with premises in larger urban areas. Two pubs have closed in my constituency which are a social loss to the local community. The Minister should be aware of this fact coming from a constituency such as Kerry South. There may be a case for this proposal as there was in larger urban areas for early houses which opened at 6 a.m. and 7 a.m.

I remind the Deputy that only one minute is allowed for supplementary questions.

There might be a case for some kind of step-down licensing facility for rural areas where pubs open at 7 p.m. or 8 p.m.

The commission's objective is to review the liquor licensing system in light of all relevant factors which will include the licensing of alcohol in other countries. It will also make recommendations for a liquor licensing system geared to meet the needs of consumers in a competitive market environment. It should take into account the social circumstances as they exist, for example, in rural areas.

I am not excluding anything from the commission and have left it as open ended as I possibly can in the circumstances. I am open to any proposals which come forward. A different Fianna Fáil Minister for Justice, Equality and Law Reform may be dealing with this in two years when the report comes to hand. When it comes to hand, I feel sure that whoever is of one spirit with me will have the same magnanimous approach.

Is the commission established as we speak?

Not yet, but it is anticipated that the commission will be established soon.

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