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Dáil Éireann debate -
Wednesday, 7 May 2003

Vol. 566 No. 1

Written Answers. - Liquor Licensing Laws.

Jerry Cowley

Question:

657 Dr. Cowley asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the universal non-compliance with section 17 of the Intoxicating Liquor Act 2000 which requires that every outlet selling alcohol on an off-licence basis, has a label attached with the name and address of the supplier; if he will take steps to introduce modern technology, such as a bar code attached to the alcoholic product, which will identify the time and date and initials of the seller as a means of product origin and source; and if he will consider increasing the paltry penalties which apply to section 17 of the 2000 Act which is supposed to be the watchdog clause in this legislation which extended pub opening hours. [12001/03]

Section 17 of the Intoxicating Liquor Act 2000 applies to both on-licences and off-licences. It provides that the name of the owner, and the address, of all premises to which an intoxicating liquor licence is attached shall be clearly indicated on a label affixed to any container in which intoxicating liquor is sold for consumption off the premises. The aim of this section is to complement existing provisions designed to combat the consumption of intoxicating liquor by persons under the age of 18 years.

However, this provision has not been brought into force because it presents a range of practical and technical difficulties relating to the labelling of individual containers. Apart from the possible removal or alteration of labels after sale, difficulties also arise in connection with the labelling of individual bottles or cans which are already packed prior to distribution to licensed premises, including supermarkets and retail outlets.

Moreover, while the labelling of containers may, as intended, provide some assistance to the Garda in efforts to combat under-age drinking, the effectiveness of this measure is likely to be undermined to some extent by what has become known as "secondary purchasing", the purchase of alcohol by persons who have attained 18 years of age for illegal consumption by under-18s. This means that the intoxicating liquor found by gardaí in the possession of persons under 18 may, in fact, have been sold in good faith by the on-licence or off-licence concerned to a person of 18 years or over.
In order to tackle this problem of "secondary purchasing", I am currently reviewing the relevant legislative provisions with a view to including appropriate proposals in the forthcoming Intoxicating Liquor Bill. In my view, the supply and consumption of intoxicating liquor to under-18s should be expressly prohibited except in a private residence where the consent of a parent or guardian is given. Labelling requirements are also being reviewed in this context. The issues surrounding the commencement of this section were considered at length in the course of the Report Stage debate on the Criminal Justice (Public Order) Bill 2002 which took place last month in this House.

Jerry Cowley

Question:

658 Dr. Cowley asked the Minister for Justice, Equality and Law Reform if he will consider the introduction on a voluntary basis of a national ID card to replace the black ID system which is flawed; if modern technology, which is now so common place as to be applied to scanning systems in retail outlets, can be applied as a means of positive identification of under-age drinkers seeking to enter a licensed premises against a national computer database or discos serving alcohol; and if he will make a statement on the matter. [12002/03]

The current position is that section 40 of the Intoxicating Liquor Act 1988 makes provision for the issue of age cards to persons who have attained the age of 18 years and who are therefore legally entitled to purchase and to consume alcohol in licensed premises. Detailed arrangements for the age card scheme are set out in the Intoxicating Liquor Act 1988 (Age Card) Regulations 1999.

This is a voluntary age card scheme and it is operated by the Garda in order to assist licence holders to comply with legislative provisions relating to under-age drinking by providing evidence of age where a doubt exists. As an incentive towards greater use of the scheme, the Intoxicating Liquor Act 2000 provides that in any proceedings against a licence holder for the sale of alcohol to an under-age person, it shall be a defence for the defendant to prove that an age card was looked for and was produced by the person in respect of whom the charge is brought. Serious penalties, including temporary closure of licensed premises, can result where a licence holder is convicted of the offence of selling intoxicating liquor to an under-age person.

In the context of the sharp increase in alcohol consumption by young people in recent years, I have given consideration to the possibility of making the age card compulsory for certain age groups when purchasing liquor. However, certain practical difficulties arise in this context. For example, it would be unreasonable to expect young tourists and visitors to this country to apply for the card. An alternative approach would be to require all young people within a defined age category to carry some proof of age in licensed premises. The aim would be to improve compliance with and enforcement of the law in relation to under age consumption of alcohol.
In the coming weeks I will be bringing a draft Intoxicating Liquor Bill to Government in response to certain urgent recommendations of the Commission on Liquor Licensing. It will contain provisions designed to combat under-age and excessive consumption of alcohol, including a requirement that young people within a defined age group carry an "evidence of age" document on licensed premises. Pending publication and enactment of this legislation, I would urge the licensed trade to demand production of proof of age whenever there is doubt regarding a young person's age.
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