Dan Boyle
Question:63 Mr. Boyle asked the Minister for Justice, Equality and Law Reform his plans to harmonise planning and licensing legislation. [23827/02]
Written Answers. - Liquor Licensing Laws.
John Gormley
Question:74 Mr. Gormley asked the Minister for Justice, Equality and Law Reform his plans to modernise the legislation in the area of off licences and allow the general public to review, examine and appeal such decisions. [23824/02]
I propose to take Questions Nos. 63 and 74 together.
In its interim report on off-licensing, the Commission on Liquor Licensing made a series of recommendations for reforming legislative provisions in relation to off-licences. The commission recommended, for example, that applications for off-licences continue to be made to the courts and that notices of such applications be published in the press and be exhibited in a prominent manner at the premises in respect of which the licence is being sought so that interested parties have an opportunity to object if they so wish. Moreover, planning permission should be required in all cases where the sale of spirits and beer is intended.
The commission's second interim report contains a broad range of recommendations, including recommendations in relation to the licensing of nightclubs, theatres and places of public entertainment. In all cases, the commission recommends that the grant of a liquor licence be made conditional on obtaining planning permission and complying with any conditions attached to such permission. Future reports of the commission may contain further recommendations dealing with the interface between planning and licensing legislation.
As regards legislative reforms in this area, I have already announced a comprehensive codification of the entire liquor licensing code. This codification will draw on the commission's valuable work and the recommendations set out in its reports. My intention is to rationalise and streamline the licensing laws in order to make them user-friendly and accessible for licensees and the public alike. I believe that open and transparent decision-making procedures, including adequate advance notice for designated notice parties and opportunities for public consultation, are an essential feature of any modern licensing code.
Kathleen Lynch
Question:64 Ms Lynch asked the Minister for Justice, Equality and Law Reform his plans to review pub and club opening hours, having regard to concerns among the public that the later closing times have led to an increase in street violence and crime; and if he will make a statement on the matter. [23709/02]
The question of extended hours possibly leading to an increase in alcohol-related problems was discussed in the Dáil and Seanad debates leading up to enactment of the Intoxicating Liquor Act, 2000. As the Deputy may be aware, a sub-committee of the Joint Committee on Justice, Equality and Women's Rights carried out a review of liquor licensing in 1998 and had made a series of recommendations in relation to various aspects of the licensing code, including longer opening hours. In addition, extensive consultations took place with various interested parties prior to the passage of the 2000 Act at which the issue of extending opening hours was discussed.
The Commission on Liquor Licensing, which has the task of reviewing the liquor licensing system, dealt with the general question of trading hours in its second interim report published in July last. The commission's overall conclusion was that since a major reform of licensing hours had been introduced as recently as July 2000, it would not be appropriate to make any recommendations for further changes at that stage. The commission stated, however, that it would return to the issue of trading hours in its final report.
I should add that the commission recently placed advertisements in the national newspapers seeking submissions on the subject of licensing hours with a view to addressing this issue in its final report. Interested parties may wish to avail of this opportunity to make their views known directly to the commission.
On the subject of street violence and crime, extensive powers are available to the Garda to deal with late night drinking and disturbances under the Criminal Justice (Public Order) Act, 1994. Moreover, as the Deputy is probably aware, in June last, I re-introduced the Criminal Justice (Public Order) Bill, 2002, which is now at Second Stage. This legislation will, when enacted, give the Garda significant additional powers in dealing with drunkenness and public disorder.