Dáil Éireann debate -
Thursday, 6 Feb 2003

Vol. 560 No. 5

Written Answers. - Liquor Licensing Laws.

Mary Upton

Question:

18 Dr. Upton asked the Minister for Justice, Equality and Law Reform the specific proposals he is considering or intends to bring forward in regard to his promise to adopt a much tougher attitude to publicans who permit drunkenness; his plans to regulate the practice of some publicans in charging an admittance price and then allowing customers limitless drink; and if he will make a statement on the matter. [2928/03]

Minister for Justice, Equality and Law Reform (Mr. McDowell)

Under section 13 of the Licensing Act 1872, it is an offence for a licence holder to permit drunkenness or any violent, quarrelsome or riotous behaviour on licensed premises, or to sell intoxicating liquor to a drunken person. The current penalty, which was last updated in the Intoxicating Liquor Act, 1988, is €254. Under section 18 of the same Act a licence holder may refuse to admit, and may turn out of the premises, any person who is drunk, violent, quarrelsome or disorderly. Any such person who refuses or fails to leave the premises is liable to a penalty €12.70. It appears that this penalty has not been increased since 1924.

In its report on admission and service in licensed premises, which was published in December, the Commission on Liquor Licensing pointed to the need to strengthen legislative provisions relating to drunkenness. It made similar recommendations in relation to violent, quarrelsome and disorderly conduct on licensed premises. I welcome these recommendations and I thank the commission for its work in relation to these issues.

Having considered the commission's recommendations, I have decided that an urgent response is called for. I intend to bring proposals to Government, as soon as possible, for the necessary legislative changes, including stronger penalties, as recommended by the commission. The necessary preparatory work is already under way in my Department and I hope to obtain Government approval for the amending legislation before Easter.

As regards promotional practices, I regard practices which are conducive to, or may result in, excessive consumption of alcohol as irresponsible and unacceptable. Practices of this nature may provide adequate grounds for the Garda or other interested parties to lodge objections to the renewal of licences of the premises concerned. I see considerable merit in prohibiting promotional practices geared towards excessive alcohol consumption by legal means and I will consider this in the context of future legislation. In the meantime I would urge the licensed trade not to engage in such irresponsible activities.

I will confer with the Garda Commissioner concerning the possibility of developing a clear national policy of opposing the renewal of publicans' licences where a problem of drunkenness is detected among customers or where publicans participate in promotions likely to encourage binge drinking.