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Dáil Éireann debate -
Thursday, 27 Feb 2003

Vol. 562 No. 3

Written Answers - Liquor Licensing Laws.

Cecilia Keaveney

Question:

207 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the regulations and policing that pertain to off-licences to ensure that people who are underage are not served and to pursue adults who are prepared to buy alcohol for minors; and if he will make a statement on the matter. [6037/03]

The Intoxicating Liquor Act 1988, as amended by the Intoxicating Liquor Act 2000, provides the key provisions relating to the sale of, provision to and purchase of intoxicating liquor to or by persons under 18 years of age. Part IV of the Act is of particular relevance in this regard. I am informed by the Garda authorities that the sale of, provision to and purchase of intoxicating liquor to or by persons under 18 years receives the appropriate Garda attention.

Section 36 of the Intoxicating Liquor Act 1988, places restrictions on persons under 18 years being in off-licenses, and states that a demand made for the production of an age card shall be a defence in any prosecution. I am informed that the national age card office, which forms part of Garda community relations, has fully briefed the National Off-licence Association and other representative bodies on the implications of the Intoxicating Liquor Act 1988 (Age Card) Regulations 1999 (S.I. No. 4 of 1999).

Application forms for the national age card are available at all Garda stations and in other premises that are frequented by the relevant age group of 18 years and over. The application form is also available for access at home on the Garda website www.garda.ie.

Fora are being set up at local level between the licensed trade and Garda management with a view to discussing matters of mutual interest, including the matter of underage drinking.

Cecilia Keaveney

Question:

208 Cecilia Keaveney asked the Minister for Justice, Equality and Law Reform the number of pubs and off-licences by county, that have been closed either on a temporary or permanent basis since the introduction of the new legislation relating to under age drinking; and his views on the statistics and the level of enforcement that he concludes from such figures. [6038/03]

As the Deputy will appreciate, I have no role in the investigation, prosecution or trial of alleged offences, which are matters for the Garda Síochána, the Director of Public Prosecutions and the courts. This is a long standing principle of our system of justice.

The position is that all licensed premises, whether on-licences or off-licences, have a legal responsibility to ensure that alcohol is not sold or supplied to under-age persons. The current penalty for serving or supplying such an under-age person is closure of the premises for periods of up to seven days for a first offence, and up to 30 days for second and subsequent offences. I am quite prepared to consider making the law even more severe and I will carefully examine any recommendations for legislative changes in this area made by the commission on liquor licensing in its final report which is due next month.

Garda Region and Division

Prosecutions

Convictions

Pending

Dismissed-Struck Out

Closure Orders

Closure Orders Under Appeal

Eastern Region

34

18

5

11

14

4

Carlow-Kildare

14

3

3

8

3

2

Laois-Offaly

13

11

2

0

8

2

Longford-Westmeath

3

3

0

0

2

0

Louth-Meath

4

1

0

3

1

0

Dublin Met. Region

47

10

20

17

4

0

Eastern

6

2

1

3

0

0

North Central

7

2

3

2

1

0

Northern

10

2

4

4

1

0

South Central

5

1

2

2

0

0

Southern

12

2

7

3

2

0

Western

7

1

3

3

0

0

Northern Region

59

23

19

17

13

7

Cavan-Monaghan

32

10

12

10

4

3

Donegal

19

6

7

6

3

3

Sligo-Leitrim

8

7

0

1

6

1

South-Eastern Region

33

23

5

5

18

2

Tipperary

13

11

0

2

9

2

Waterford-Kilkenny

10

7

0

3

7

0

Wexford

10

5

5

0

2

0

Southern Region

119

56

47

16

32

5

Cork City

48

13

30

5

9

2

Cork North

9

3

3

3

1

1

Cork West

20

12

5

3

7

1

Kerry

24

16

4

4

14

0

Limerick

18

12

5

1

1

1

Western Region

146

94

18

34

71

11

Clare

2

2

0

0

2

0

Galway West

26

13

6

7

11

4

Mayo

103

65

12

26

44

6

Roscommon-Galway East

15

14

0

1

14

1

Total

438

224

114

100

152

29

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