Seán Haughey
Question:379 Mr. Haughey asked the Minister for Justice, Equality and Law Reform his plans to change the legislation in relation to children in public houses; and if he will make a statement on the matter. [4758/02]
Written Answers. - Liquor Licensing Laws.
I assume that the Deputy is raising the question of changing legislation due to the recent case of Maughan v the Glimmerman Limited which is a decision of the Office of the Director of Equality Investigations under the Equal Status Act, 2000.
There has, I believe, been a certain amount of misunderstanding concerning the actual finding of the equality officer in this case, which has given rise to concern on the part of the licensed trade – and indeed, on the part of parents – in relation to the licensing, opening and operation of licensed premises.
For whatever reason, the impression that gained wide currency, was that the equality officer had ruled, that children may be present in a licensed premises at any time provided that they are accompanied by a parent or guardian.
There were however some important qualifications in the decision itself which, unfortunately, were not sufficiently highlighted in the public discussion and in media coverage etcetera, which followed.
What the equality officer found was that having a blanket ban on under 18 year olds being in pubs with their parents is a discriminatory policy against parents of under 18 year olds on the family status ground under the Equal Status Act, 2000. However, the equality officer specifically stated that his finding should not be interpreted as meaning that publicans must serve parents when accompanied by their children under 18 years old in all circumstances. Instances are cited by the equality officer where a publican could be entitled to refuse service, for example, where a parent was drunk or if a parent or under 18 year old was disorderly. Moreover contrary to the impression that appears to have been created, the validity of a partial ban, for example, allowing children on the premises before a certain hour, was not considered at all in this case.
Under current licensing laws, the renewal of liquor licences is conditional on the peaceful and orderly manner in which the licensed premises were conducted in the year ending on the expiry of the licence. In certain circumstances, the licensees may, therefore, be required to refuse admission or service but this power may not be exercised in an arbitrary, unreasonable or discriminatory way.
Although the equality officer's ruling was, as I say, quite significantly qualified in ways that have not been widely understood, I have, in the interests of providing reassurance to parents and others concerned about the ruling, asked my Department to examine the ruling and the implications that flow from it, with a view to assessing the adequacy of existing legislative provisions in relation to these aspects of licensing law.