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JOINT COMMITTEE ON ENTERPRISE AND SMALL BUSINESS debate -
Tuesday, 26 Apr 2005

Vintners Federation of Ireland: Presentation.

I welcome Deputy James Breen, who has joined the meeting. Item 3 on the agenda is a presentation from the Vintners Federation of Ireland. I welcome Mr. Seamus O'Donoghue, president of the federation, Mr. Richard Dunne, former president, Mr. Liam Fitzpatrick, Leinster vice-president, and Mr. Tadg O'Sullivan, chief executive of the Vintners Federation of Ireland. We also welcome a former Senator from County Clare, the distinguished Michael Howard. Mr. John Moriarty is the Westmeath president. We also have Mr. Paul Fagin and Mr. Fallon, from Longford, who is here to advise and assist us.

Mr. Michael Howard was extremely vocal when he served in the Upper House. When I was a Member of Seanad Éireann, we worked together on matters relating to this industry. I welcome our guests.

The Vintners Federation of Ireland has asked to meet the committee to discuss a number of matters, namely: the impact of the smoking ban in Ireland and elsewhere; the comparison between the price of alcohol in Ireland and that which obtains in the rest of Europe; the profitability of the licensed trade; the proposed new codification of liquor and licensing legislation; and insurance costs. Before I ask Mr. O'Sullivan to commence the federation's submission with an opening statement, I draw to the delegation's attention the fact that although members have absolute privilege, the same privilege does not extend to them. Members are reminded of the long-standing parliamentary practice whereby they should not comment on or make charges against a person outside of the Houses or name an official in such a way as to make him or her identifiable.

I invite Mr. O'Sullivan to make his submission on behalf of the federation. I see, in fact, that the president, Mr. O'Donoghue, wishes to start. The presentation will be followed by a question and answer session in which, it is hoped, the various members of the delegation will participate.

I thank the committee for meeting us. We are conscious of the important work done by the Oireachtas committees in general. The Oireachtas Joint Committee on Enterprise and Small Business is of particular relevance to the people we represent and to small businesses throughout the country. We appreciate having the time and opportunity to make our presentation to the committee. The matters we wish to discuss are of varying importance. There is no doubt, however, that they are all important. The matter giving rise to most concern is the proposed codification of the law.

I wish to introduce the remaining members of the delegation. Beside me is our chief executive officer, Mr. Tadg O'Sullivan. Next to him is Mr. Dick Dunne, former president. To his left is Mr. Liam Fitzpatrick, vice-president. The Vintners Federation is very conscious of the committee's work on the Insurance Act 2000. The committee sowed the seed that gave life to the Civil Liabilities and Courts Bill which benefits all small businesses, including ours.

Mr. Tadg O’Sullivan

I repeat the thanks of our president to the Chairman and the committee. We recognise the important work of this joint Oireachtas committee and we welcome the opportunity to present our views on a number of items of extreme importance to our trade.

We represent approximately 6,000 pubs, mostly family run, outside Dublin city and County Dublin. Among that membership are some fairly large city establishments but they are primarily small rural pubs, most of which face extreme difficulties at present. Some of the more important ones are outlined in our written submission, which is before the committee. We recognise that the committee's time is precious and I do not presume to expect that all members will have had time to read it. I will not attempt to go through it. With the Chairman's permission, I will proceed to synopsise its contents as briefly as possible.

The first item covered by the submission is the impact of the smoking ban. I do not intend to dwell on that for long because almost everything that can be said on the matter has already been said. Our expectation, before the ban was introduced, of mass non-compliance by the public and our members was clearly incorrect. Unfortunately, our worst fears have been realised in all other respects. In the recent past, we have found that only the proprietors of licensed premises have been prosecuted if customers smoke, while the customers themselves are not prosecuted. One of our high-profile members was fined a total of €3,000 recently when one of his barmen was fearful of stopping approximately 15 revellers from smoking on the premises.

The Central Statistics Office confirms that the hospitality sector lost 7,500 jobs in 2004. That was at a time when the economy was booming generally. In 2003, pubs in the hospitality sector expanded and did so more rapidly than the economy in general. More than 200 pubs have closed in the Republic of Ireland since March 2004. More than 200 family businesses have gone, 26 in one county alone. Unfortunately, the promise that non-smokers would flock back to pubs has not materialised. Home drinking and home smoking have increased dramatically, with, we believe, negative consequences.

The rest of Europe has now learned from our mistakes. In appendix 1 to our submission, we set out the manner in which the smoking ban has been introduced, is to be introduced or will be introduced in the rest of Europe. In every other country it has been made possible for the hospitality sector to be hospitable. We are not seeking, nor do we expect, the ban to be rescinded but we want to be allowed to provide facilities for our customers, smoking and non-smoking, in the best possible atmosphere, with internal, well-ventilated smoking areas.

Our second item is a comparison between the price of drink in Ireland and that in the rest of Europe. With the greater mobility of Irish citizens and the transparency brought about through the euro, which we welcome, there has been much criticism of the relationship between the price of a pint or the price of alcohol in Ireland compared with elsewhere in Europe. Holidaymakers in Spain can compare the price of the half litre in a small rural pub in Spain with that of a pint of best-quality stout ale or lager in a Dublin city late-night bar. In the little place in Spain, there will often be a choice of one beer only. Rural Spain is not generally compared with rural Ireland. If people made that comparison, their story would be considerably different. Naturally, they ignore or are unaware of the underlying costs. The classic example is the bottle of Jameson Irish whiskey, which is available in a supermarket in Spain for less than the excise duty payable on the same bottle in Ireland. VAT is chargeable on the excise duty as well as on the product and the labour content and service associated with the product. Without labouring the point, we must draw attention to the high levels of beer, wine and spirit taxes in Ireland compared with the rest of Europe. We are unique in Europe in penalising home-produced indigenous product.

On price movement, I ask members to refer to the charts on page 5 of our submission. The latest figures available to us relate to the period from August 2003 to August 2004. The figures for alcohol increased by 2.2%, which is significantly below the increase in the consumer price index and most other price movements. The comparison between indirect costs, such as local authority charges and mortgage interest, on the one hand, and the price of alcohol, on the other, is quite stark. The perception abroad is that the price of alcohol increases almost monthly at the behest of the publican. The only increases on alcohol in recent times have been generated by Government, in the form of excise duty, and suppliers.

Members will be aware of the federation's efforts in 2004 to reduce or delay the price increase imposed by suppliers. Similarly, in 2005 it is working to reduce or delay a proposed increase in June because we know that should this increase proceed, publicans will again be blamed.

As Mr. O'Donoghue said, an issue of great concern to the Vintners Federation of Ireland is the proposed codification of the liquor licensing laws. Codification per se is welcomed within the trade and industry but the existing legislation is a minefield and needs to be codified. However, some of the proposals announced last week by the Minister for Justice, Equality and Law Reform appear to fly in the face of reason.

The federation stands on its record of more than 20 years of assistance in tackling the problem of under age drinking. It is fair to say that in the intervening years it has been subjected to assault rather than support in its campaigns. Each time a youngster is seen to be drunk, it is assumed he or she was given alcohol by a greedy publican. Yet all the indications and international and national information suggests that youngsters begin their drinking habits at home. Alcohol is more available in Ireland than ever before. The drink of choice in a pub is a pint, a short or a bottle. Previously, a take-away order consisted of a six-pack. It is now, with increasing frequency, a slab of 24 half litre cans of alcohol, the equivalent of in excess of 21 pints. There is no control over who consumes those 24 cans of alcohol, where or in what circumstances they may be consumed or when they will be consumed. Slabs, as they are called, are now available from supermarkets.

While listening to a debate on RTE 1 radio last Saturday on the issue of codification, I watched a group of people in a newsagent-grocery on the Malahide Road stacking, ceiling high, 24 slab cases to be purchased by youngsters that evening. The central provision of the codification is the addition of five new forms of licensed premises from which alcohol can be sold. This comes at a time when for every 260 adults or 340 men, women and children in the Republic, there is one outlet selling alcohol.

There are three times more people per pub in Northern Ireland and on the island of Britain than there are in the Republic of Ireland. It is proposed, however, to add an indeterminate number of new licences under five different headings: a café bar licence, which will be another bar irrespective of the caveats put in place; a caterer's licence, which will effectively become an itinerant licence with almost unlimited freedom; a distance selling licence, which inevitably will be impossible to monitor, control or police and may be operable outside the jurisdiction; a licence for public cultural venues, a sad reminder of the way in which theatre licences have been and continue to be abused under existing legislation; and a guesthouse licence, which will entitle a premises with five or more bedrooms to sell alcohol ostensibly to its guests only. However, the legislation does not specify that the five bedrooms must be for the use of guests. Under the current proposal, four bedrooms could be used by the family with the remaining bedroom being used for guests.

One can only speculate on the difficulties of controlling, enforcing or policing that type of licensing. The pub, the original licensed premises on the main street, is subject to detailed control in terms of when, where, during what hours in what quantities and to whom alcohol may be sold. The federation is aware that the Garda Síochána does not have the resources to control the activities of illegal shebeens that have sprung up throughout the country. It is also aware that two shebeens have operated with impunity in a small village in County Louth for a number of years. Many shebeens in the midlands have acquired notoriety by appearing in national newspapers, while others simply trade under the guise of inviting friends, seven days per week, to partake of substantial volumes of alcohol.

What hope is there that the café bar, caterer's, distance selling, public cultural events or guesthouse licences will be policed? The country is already over-populated with pubs and too many licences have been issued. The federation is not alone on the fence in terms of its belief in that regard. As late as today, one of the primary movers of the strategic task force on alcohol strongly acknowledged that the proposal to increase the number of licences in this country flies in the face of reason and of the recommendations of the task force.

It is simple to move a licence from one part of the country to another — from the most rural area into the heart of a city — subject to usual planning and legislation. It is true that the licence has attained an asset value as a consequence of legislation enacted more than 100 years ago by the Government of the day because of the proliferation of licences and the then abuse of alcohol. That legislation was subsequently reinforced by the 1925 Liquor Licensing Commission, which not only stated that too many licences had been issued but suggested they be bought back.

It is unfair, unjust and unreasonable to destroy with the stroke of a pen the asset value which has been built up in the pub licence over 100 years. That asset value of the licence is, in many cases, the pension provision for the family concerned. The impact of the erosion of that asset value for 5,000 or 6,000 families could be wide-ranging.

I will now deal with profitability in the licensing trade and with insurance. The figures in the chart on page ten may come as a surprise to most members. It is assumed that all pubs turn over millions of euro per annum and that all publicans are millionaires. The figures quoted in the chart illustrate that 52% of licensees in Ireland have a turnover of less than €200,000 per annum — that figure relates to total turnover and not total profit. More startling is the fact that 26% of licensees have a turnover of less than €60,000 per annum or €1,000 per week. We are not denying there are pubs that turn over millions of euro. Approximately 5% of pubs turn over in excess of €1.25 million per annum but they are scarcely representative of pubs in general and are not representative of the pubs that are members of the Vintners Federation of Ireland. However, they are the pubs most often referred to in public commentary. They are also the pubs that have been in a position to make enormous investment in their premises.

It has been suggested that growth in the super-pub, as it is often known, is somehow a consequence of the licensing regime. That is not true. The growth of the super-pub came about because a small number of entrepreneurs were in a position to invest an enormous amount of money to meet a demand they perceived to be in the market. The fact that they were right, speaks for itself. Youngsters voted with their feet because they wanted to be in such places.

Only 17% of the total number of employees in the industry are employed in premises with a turn over of in excess of €1.25 million, with 83% employed in the smaller pubs represented by the Vintners Federation of Ireland. The figure of 83% includes proprietor, spouse and family assisting. With the vast number of pubs having a small turnover, it is clear that we do not need more licences. Many licensees now have second jobs as they are struggling to remain afloat. Many work to protect the asset value of their licences. Approximately 74% of such premises have a turnover of less than €400,000 per annum. This is scarcely the stuff of which millionaires are made. The indicative charts in Appendix 2, on pages 15 to 18, tell the real story. It is assumed that when a person buys a drink across the counter, the proprietor puts the money in his or her pocket to do with as he or she wishes. The figures produced by O'Reilly Consultants indicate that the net profit, including remuneration of the licence, is generally speaking less than 10% of the retail price of a pint.

The president has already complimented the committee on its work on insurance and acknowledges that it will soon revisit that issue. The establishment of the Personal Injuries Assessment Board was, in the eyes of Irish business and those we represent, a massive leap forward. We have attached to Appendix 3 a copy of a letter we sent to the committee some time ago. The committee has partly addressed our request in that regard but we would like to revisit the matter because it is of vital importance to small business in this country. We would wish to see more progress, while recognising that the work already done has succeeded significantly in reducing some of the insurance costs for businesses in the Republic of Ireland.

I thank the secretariat of the committee for its assistance in putting together our submission. I also thank members for their time.

I thank Mr. O'Sullivan for spelling out the difficulties faced by the federation's 6,000 members. O'Reilly Consultants have also carried out research for the committee in respect of the insurance inquiry and the groceries order. Mr. O'Sullivan stated that 54% of licensed premises have an annual turnover of less than €4,000 per week. Was that discovered by the consultants or through research carried out by the Vintners Federation of Ireland? It was stated also that 26% of the federation's members have an annual turnover of less than €60,000. Those figures are alarming and indicate that the businesses involved are probably unsustainable. Mr. O'Sullivan also stated that 200 pubs have closed since 2004. He is aware of this from hard facts and from being in daily contact with his organisation and its members.

I welcome Deputy Tony Dempsey who has joined us since the start of the presentation. Statistics speak for themselves. I know this industry at first hand very well. Politicians know it better than probably most sections of the community because they communicate daily with the federation's family-run and other businesses, which must be complimented on their contribution to rural as well as urban areas.

The committee's vice-chairman, Deputy Martin Brady, comes from County Cavan but represents a Dublin constituency. He may wish to put some questions to the delegation.

I compliment the delegation on its concise and excellent presentation. As the smoking ban is over and done with, there is little we can do about it. Many publicans, particularly in Dublin, have spent a good deal of money to facilitate smokers and must be congratulated in that regard. There are many pubs in Dublin where one is not obliged to go outside and where one may remain inside and smoke. That is a welcome development and will help curtail the decline in business.

Will the delegation explain the criteria for obtaining a licence for distance selling? Could a person from, for example, County Down, come to the South and sell beer or alcohol at a function, a house party or whatever?

The delegation referred to the policing of the proposal relating to bed and breakfast accommodation and guesthouses with five or more bedrooms which are registered with Bord Fáilte. In theory, could a person who has a guesthouse invite in neighbours — who would not be staying there and who would not be registered guests — to avail of the facility to purchase alcohol?

I am amused by the fact that it is stated in the submission that one can buy a pint for €3.44, I do not know where one may do so but one would certainly not be able to buy a pint in Dublin for €3.44.

Mr. O’Sullivan

One would be able to buy it in Cavan.

There is another issue to which people, particularly young people, often refer, namely, so-called night clubs and particularly those in rural areas that are situated perhaps three or four miles from the nearest town. People who visit these establishments are corralled into them for the night. When they arrive at 10 p.m., a pint costs €4 but by the time they are leaving the price has risen to €6. Can anything be done about that type of behaviour? Do such price rises represent good customer relations? Are the owners of the establishments to which I refer putting their customers first? I asked somebody about that on one occasion and they replied that if one can get it, well and good. That is a major problem. If this type of behaviour continues, those in the public house trade might be the authors of their own downfall.

How do illegal shebeens operate? I have never come across a shebeen but I have heard of one that operated out of a shed in Coolock for five or six years before it was detected. It is amazing that two shebeens in a village in County Louth could operate for some time without any action being taken.

I have a high regard for the Minister for Justice, Equality and Law Reform, Deputy McDowell, who is a straight talker. On the issue of café bars, we say we must curtail the abuse of alcohol because it is contributing to anti-social behaviour and disorder in communities. In the area in which Mr. O'Sullivan and I live, there are youngsters who, like baloobas, go around at night with cans of beer, whiskey and spirits of all descriptions. I am not sure if making more outlets available would contribute to the curtailment of social disorder or anti-social behaviour.

I welcome the delegation. Its members are involved at the opposite end of what we have been doing for the past two years. It is interesting to hear the other side of the story. Members recently received a detailed and interesting letter from the Vintners Federation of Ireland. The letter was informative and contained the type of information we need.

There are some excellent elements in the federation's submission, particularly the chart relating to the cost of a pint. The submission is simple and easy to digest. I completely agree with the delegation in regard to pubs. I have always held the view that if one is drinking in a pub, one is in a controlled environment. Some pubs are more controlled than others but, nevertheless, they have controlled environments. I am not sure from where the Minister is coming in regard to the widening out of the drinks industry into other areas. I accept that society is becoming more continental in nature. The Minister's action arises out of a concern regarding the abuse of alcohol but it appears that what he is doing will make it more widely available. I do not know how this new development will be accommodated. I am sure there are good arguments in favour of it but they are not apparent to me.

Most of us would not be overly concerned about price increases in suburban pubs in Blackpool, Douglas or Malahide. Prices in such establishments are probably only imposed once a year and are quite reasonable. The majority of members have difficulty with the price increases associated with events. When there is a rugby match in Dublin, for example, the price of alcohol suddenly increases by €1. That is not a matter for the Vintners Federation of Ireland, it is a matter for members. What we need to know from the federation is that it does not condone that type of behaviour.

There is also the question of the amount of VAT and other taxes imposed in respect of alcohol. As an organisation, the Vintners Federation ought to make the position clearer in respect of this matter. There are people who think that pubs are a licence to print money. The type of pubs in which most of us drink, the community-based small pubs, are in serious trouble. For the first time ever in the community in which I live, two pubs closed and were replaced by apartment blocks. That would not have happened in the past. It is a trend one sees with increasing regularity.

Perhaps the delegation could expand on the issue of insurance. This is an area in which the committee would be interested.

We will be dealing with that matter tomorrow.

There is a notion that insurance companies should not make settlements without first referring to the insured. Can the delegation give the committee examples of that? Those are the three main points I wish to make.

The letter I received from the Vintners Federation of Ireland requested that drink producers be asked for a price freeze this year. Such a move would allow the vintners to impose a similar price freeze. That is a reasonable suggestion but my information is that it will not happen and that a major supplier of alcohol is about to impose a further increase. What will be the effect of that? At the end of the year it will be the people at the other end of the counter who will be asking for the money.

I will deal first with the issue raised earlier about the guesthouse with five bedrooms. As our CEO stated earlier in respect of that subject, four of those bedrooms, as they appear in the current codification, could belong to members of the family living in the house and one could be for a guest. If that were to go through in the codification, it would create a serious problem. In regard to the one bedroom being used for a guest, it raises the question of whether a guest could bring in his or her friends who might be able to obtain alcohol. That aspect should be nailed down immediately.

Another issue raised was the price of the pint and somebody asked where one would get a pint for €3.45. One can get a pint outside the Dublin area for between €3 to €3.50. As stated on the chart, approximately 10% of that goes directly to the publican, out of which he or she must pay rent. That is his or her profit.

Only 10%? So if the price is €3 or €3.50, only 10% net of this will go back into to the publican's coffers.

The publican must then pay all his or her overhead costs out of that.

No. As outlined on appendix 2, it is the licensee, the rent and his or her profit. Rent would have to come out of that and that is the profit. It is approximately 10%.

The IMRO and all the other deductions are taken out of it.

They are all taken out, as are VAT and wages.

The price increases associated with the holding of events relates to one part of the country only. It certainly does not relate to the members of the Vintners Federation of Ireland, whose premises are located outside the Dublin area. My premises is located near a venue — a GAA park — where major events take place. No one in my area — or in other areas throughout the country — has ever increased prices when such events are being held. This matter does not relate to the members of the Vintners Federation of Ireland.

On the question of the insurance company making submissions without addressing the insured, I can give an example of that. I was involved in an accident in September 2003. The day before the particular Bill became law I received a letter from a country solicitor informing me that because a passenger in my car had been injured — I was not aware the passenger had sustained injuries — my insurance would be affected. My insurance was affected in the aftermath. It is very important that the person who is insured is made aware of that. In our opinion, settling outside the jurisdiction of the courts would not be in anyone's interests.

That is the legislation setting up the Personal Injuries Assessment Board.

It can now assist our guests.

Does Mr. O'Sullivan wish to respond to the questions from Deputy Lynch and Deputy Martin Brady?

Mr. O’Sullivan

Yes. I will respond first to the point the Chairman made about the origin of the turnover figures of 26%. There is quite a detailed explanation on page 10 of our submission. It concerns a survey conducted by the Economic and Social Research Institute in 2004 which was commissioned by the drinks industry group. Those figures are borne out, although perhaps in less detail, in replies by successive Ministers for Finance to a number of parliamentary questions which show the licence renewals at different stages. The 26% at under €60,000 a year is part of that report and I promise faithfully that the full report will be sent immediately to any member of the committee who wishes to see it. All they have to do is contact me, my office or——

The point I was trying to establish is that it is a fully independent report.

Mr. O’Sullivan

Yes, it is.

The figures are compiled independently from our guests' organisation and that copperfastens — casting no aspersions on the organisation——

Mr. O’Sullivan

Of course not.

We can only ask the questions here and then give the answers to someone from, for example, the media when we are quizzed at some other fora. We can say these figures were independently compiled on behalf of the organisation.

Mr. O’Sullivan

We would not insult the committee by providing figures over which we could not stand and which were not in the public domain. These figures were compiled in Dublin City University in a survey implemented by the Economic and Social Research Institute.

Does Mr. O'Sullivan agree that we are talking about two Irelands, so to speak, in terms of his organisation's business? Dublin and the remainder of the country are completely different. A total of 200 licensed premises closed in the past year.

Mr. O’Sullivan

They are different.

Mr. O'Sullivan has much experience in this industry. What is his assumption about the 200 premises that have closed?

Mr. O’Sullivan

There would be many reasons for their closure. Many publicans are like farmers and other people in business who cling to the business for as long possible in order to pass it on to their families. It is part of their tradition. Somebody who owns land does not want to part with it. A licensee does not want to part with the licence. He or she wants to keep the business alive for his or her family. People part with their businesses with great regret and only when there is no other option. In 2004, economic circumstances forced over 200 people — 26 of them in one county — out of business.

Deputy Martin Brady referred to the criteria involved in distance selling. I was concerned when the discussion on distance selling was conducted by the Liquor Licensing Commission because I could not understand how intelligent people would go down that route. My understanding is that somebody with a warehouse in Donegal, Down or north Scotland and a postal address in the Republic of Ireland can obtain a licence to sell alcohol over the Internet — to be delivered by van, train, plane or bicycle — from wherever that warehouse is located. That is the reason we stated that the licence may attach even to somebody outside the jurisdiction, which would make it impossible to police.

As to the shebeens, I am conscious of the admonishment of the Chairman that we must not identify anybody in this forum. However, we have identified two shebeens in one small village in County Louth. We have reported them to the Garda and the Customs and Excise but without success.

I thank Deputy Lynch for her response to the letter we wrote to her. We must highlight the levels of VAT and excise duty. My colleague, Richard Dunne, is now chairman of the drinks industry group, which sees as part of its function the need to raise the issue of taxation and fiscal policy in particular. The president has indicated, and my national executive council has decided, to ask the drink suppliers to hold off on a price increase. We are obviously constrained by competition law in that regard. There are things we can and cannot do but we strongly advocate that all our members should freeze their prices if the suppliers were to do the same. Our understanding is that it is the intention of the major supplier to the trade to introduce what we consider to be a significant price increase in June 2005 but the members I represent are not in a position to absorb that increase. Inevitably, it will be passed on and as a consequence the average price of the pint will increase by 5 or 10 cent.

I call Deputy Nolan.

Chairman, I believe I am next to speak.

On a point of clarification, I go from Government to Opposition speakers. Deputy Pat Breen has just joined the committee and I will call him next but I am now going to the Government side.

That is the second time the Chairman has done that to me and I am not happy about it.

That is the procedure I am obliged to follow.

I have no problem with the procedure. I just think we should have some balance.

It is one speaker from each side.

I had indicated earlier.

I join the Chairman and the other members in welcoming the deputation. The members of the Vintners Federation of Ireland are very able lobbyists. During the course of the smoking ban, in particular, they mounted a very effective campaign. As Deputy Martin Brady said, the smoking ban is in place and there is no point rehearsing the arguments about it. No political party in these Houses will bring forward amendments to that as part of their next general election campaign. The issue should be parked.

Certain sections of the media and society have been somewhat unfair to the federation and its members. Blanket blame for all the unruly behaviour at weekends is pinned on publicans. If one analyses it, much of this behaviour emanates from one or two of the big outlets. It is important to highlight this fact and not blame vintners in general for what is happening.

There is a change in taste in Irish society which might account for some closures. It would be interesting to know how many licensed premised closed prior to 2004 when the smoking ban was introduced. Was it not simply the case that individuals may perhaps have used the smoking ban to close their businesses? A pub licence is a good asset and perhaps people wanted to sell the licence to realise that asset. Our guests must accept some of the blame because when breweries or the drinks companies agree an increase of, for example, five cent a pint, some publicans increase it by ten cent — or sometimes 20 cent — which is very unfair to customers. There is a trend among young people, in particular, to buy cans of drink and socialise in the homes of their friends. They do this because of the inordinate prices being charged in some pubs.

Mr. O'Sullivan said in his submission that if the new amended legislation, about which the Minister spoke last week, is introduced, it will devalue the assets of publicans. It is important to bear in mind that legislators reflect the views and opinions of the people who elect them. There is a view that we should legislate for some café-type bars. It must be borne in mind that, in the face of much opposition, we legislated for more taxis when it was decided that this was a requirement. There was a big campaign by the taxi drivers in Dublin, in particular, when many of my Dublin colleagues came under a great deal of pressure. The assets of taxi owners were devalued because they had paid big prices for their licences.

What do members of the delegation feel about the proposed involvement of local authorities in renewing licences? I believe it would be a positive aspect because county and town councillors have a much better feel for what is going on in an area. They would make a valuable contribution to the annual licensing of pubs in their areas.

I must take the Chairman up on his remark that I have been a member of the committee for only a few months. Deputy Hogan, who cannot be present today, asked me to deputise for the Fine Gael Party. I know how the committee works.

I take the Deputy's point. He is a very able replacement for Deputy Hogan.

I thank the Chairman but that is irrelevant.

Mr. O'Sullivan said that 26 pubs closed in one county. I have no problem stating that this occurred in my county, namely, Clare. What is happening in the drinks industry is having an enormous effect on the county.

On the smoking ban, we are supposed to be model in this regard throughout Europe. England, Scotland, Italy and Portugal are currently reviewing their laws in this area. Has the delegation any idea what those countries have learned from the Irish example and what proposals they are putting in place? There was a first for County Clare recently when a prosecution, which was dismissed, was taken against someone in Killdysart. Have there been many successful prosecutions to date following the smoking ban?

On price comparisons, a recent television or radio report indicated that a pub in Donegal was selling drinks for €2.50. Perhaps the members of the delegation might comment on this. I was in a pub in Kilrush last week and a bottle of coca cola cost €2.50 or €3. A customer said to me that one could cross the road to the supermarket or small shop and buy a 1.5 or 2 litre bottle for €1.80. How can one explain these profit margins?

What is the future for rural Irish pubs? I refer here to family-run pubs that open at 6 p.m. for just a few hours. Small farmers have a similar problem. Will the law favour people who have an overall income from selling food to business people during the day and to younger people at night? What future is there for small family-run pubs in rural Ireland?

I would put two questions related to those put by Deputy Martin Brady on guesthouse-type licences and café-style bars. How many licences relating to guesthouses with more than five bedrooms will be introduced under the new legislation? How many will be introduced in respect of café-style bars? Linked to these is the distance sales licence, where one can sell drink from the back of a van. If there are more outlets, drink will become more available to young people. While there are currently some restrictions in regard to licensed premises, there is a serious problem for vintners throughout the country. What effect will the change in our social habits, particularly those relating to alcohol, during the past 12 months to two years have?

Deputy Pat Breen will also be allowed to ask supplementaries.

Deputy Pat Breen asked how the smoking ban impacted in Europe. Most bars in Europe where the smoking ban was introduced made available ventilated areas, somewhere off the bar area, for smokers to use. Since the law was introduced publicans have been fined heavily but I have not seen evidence of one customer being fined anywhere in the country. I have not seen anyone other than licensees fined for people smoking on their premises.

Can I have clarification on that point? If one smokes on a train, will Iarnród Éireann be prosecuted?

The individual will be prosecuted, not Iarnród Éireann. Likewise, if one smokes on a bus, the individual, not Bus Éireann, will be prosecuted.

On under age drinking, the Vintners Federation of Ireland has been calling for the past 20 years for a mandatory age card.

An ID card.

An ID card, which will help the situation. Some aspects have been addressed in the codification but not to the extent the Vintners Federation of Ireland would like.

The issue of pub closures before 2004 was raised. Prior to the introduction of the smoking ban, the hospitality industry grew by 140 jobs per week in 2003. That was against a background of 500 jobs per week in the entire economy. Last year, 150 jobs were lost in the hospitality industry against an increase of 1,000 jobs per week throughout the economy. They are two aspects of the situation I wish to address. One of the members asked how people could sell a pint for €2.50, as happens in Donegal. If I were to charge every customer who entered my premises €5 or €10, I could sell a pint for €2.50 as well. That is the case in Donegal. Another member asked why minerals cost X amount in the supermarkets and Y amount when bought over the counter. If one buys a 10 oz. steak in a butcher's shop, it will cost a certain amount but how much will it cost in a restaurant? It is the service aspect that contributes to the price of the minerals.

Deputy Pat Breen asked about our view on the long-term future of the pubs. If proposed legislation provides for café-style bars and five other types of outlet for the consumption of alcohol, the future for the licensed trade will be bleak. One must take into account that pubs in rural Ireland are far more than just vehicles for selling liquor. More outlets essentially mean more problems.

Mr. Richard Dunne

I will reply to Deputy Nolan's remarks about the deregulation of taxis and the asset value of a pub's licence. The deregulation of the taxi industry was the result of a scarcity of taxis but, as Deputy Pat Breen pointed out, there is no scarcity of pubs in rural areas. Supplying a taxi service is different from the responsible selling of alcohol. Publicans are dealing with a product unlike any other in that it changes a person's personality for as long as they stay on our premises. We need to be responsible. The Vintners Federation of Ireland runs responsible serving of alcohol programmes for owners, management and staff.

It is important that there is tight control on the sale of alcohol. Our chief executive, Tadg O'Sullivan, mentioned that the system which currently exists in Ireland was enacted in 1902. At that time, the supply and use of alcohol was uncontrolled throughout the country. The current system was put in place to regulate the position and to ensure responsible retailing of alcohol. Opening up the system, as proposed by the Minister, Deputy McDowell, would mean turning the clock back 103 years. We need to be extremely responsible. That is my main concern on this issue. It is utterly confusing to compare the deregulation of taxis with the deregulation of the drinks industry.

Mr. O’Sullivan

Deputy Nolan said that it was the view in society that we need to open café-style bars. I doubt that society suggests that more licences are required when there is a licence for every 260 persons in the State.

If I may intervene——

Mr. O’Sullivan

I will just finish my point. We already have the facility to have café-style bars anywhere in the Republic because there are at least two different types of licence, namely, the special restaurant licence — specifically provided for in legislation — and the movement of ordinary seven-day licences to anywhere in the State. Anybody who wishes to open a café-style bar can do so within the confines of the licences already issued by the State. Deputy Nolan wishes to take up that point so I will let him do so.

Does Mr. O'Sullivan mean an existing licence?

Mr. O’Sullivan

Yes.

My point is that I am reflecting what I hear from people.

Mr. O’Sullivan

I understand that. Deputy Pat Breen asked how many guesthouses we expect to see licensed. Without being flippant, the answer is how long is a piece of string? As is the position with the Oireachtas, these are uncharted waters for us. There are hundreds of places which could qualify for these licences. I do not know how many café bars there would be but we suspect there could several hundred, if not thousands. Will this mean more outlets? Yes. If we introduce five new categories of licensed premises, it will inevitably mean more outlets for the sale of alcohol.

This is what is exercising the minds of those, such as the strategic task force on alcohol, who are not supporters of the drinks industry. The task force did not support our position because it likes the drinks industry. It did so because it recognises the difficulties society is facing. The problem is not alcohol but the abuse of alcohol and it is important that people in the industry make this point regularly. From the start, our point has been that we must all — licensee, parent, youngster or thug — be responsible for our actions. Until such time as we are responsible, society will pay a heavy price.

It will inevitably mean more licences and greater access to alcohol. Will it mean that a guesthouse owner will be able to invite his neighbours in for a drink? Of course it will. This move will certainly multiply the number of outlets selling intoxicating liquor throughout the country.

What is the future for the small public house in every village that opens at only 6 p.m.? Is it bleak?

Mr. O’Sullivan

The view of some of the people I represent is that they are in a constant state of siege, that there is an attack or assault on them from some direction every day or every week. As the president of the federation stated, the rural pub is not just a place to drink. In some cases, it is the only social outlet for people in remote areas. It is the place where the local club that does not have a clubhouse meets, where functions relating to funerals, birthdays, etc., are held, where the elderly and those who cannot travel 40 or 50 miles and have no interest in going to a loud disco can come together. The local pub is a social amenity, the place for social intercourse in rural areas and, indeed, in less rural areas.

Such pubs face a difficult future but if we handle matters properly and if legislation such as the codification is properly carried through, they have a future. Rural Ireland has already lost its teachers, Garda stations, post offices and shops. People now go to the big supermarkets. If it loses its pubs, it will lose its soul. Con Houlihan recently stated that he could not imagine a decent town without a decent pub. Society will be the poorer if we do not protect this Irish institution. It is an institution we are exporting throughout the world with great success.

I supported the smoking ban and continue to do so. However, I am curious if a problem that arose has been resolved. It related to owners who were seeking planning permission for outdoor shelters where people could smoke. There appeared to be a problem in that regard for a period.

As far as I am concerned, 98% of the federation's members run a good show. There might be a few who do not but that happens in all walks of life. A national identity card has been spoken about for years. Everybody now has a PPS number so what is delaying the introduction of national identity cards? Who is responsible for not introducing them? I cannot understand why they cannot be introduced in the immediate future.

I have one strong criticism. How many of the federation's members stock the shots and mixers to make the cocktails that drive people, as it were, around the bend? When mixed, these drinks contain a high alcohol content. Why do the federation's members stock these products? Does the federation encourage it among its members?

Is the Deputy referring to turbo cocktails?

Of course. We have seen young people go crazy after drinking these cocktails. It is time they were withdrawn.

I also have a problem with off-licences. In fairness, 98% of the federation's members operate the law as it stands but it is impossible to do so in off-licences. I understand that the new legislation contains a proposal to open off-licences at 10.30 a.m. on Sundays. I wonder how that will affect people going to matches if they have a few cans in their back pockets.

Or Mass.

Or even those going to Mass. These people might, however, be thinking more about GAA. Most off-licences are open until 11.30 p.m. and people can buy as many cans as they want. The problem arises in respect of who drinks that alcohol because nobody knows exactly where it goes after it is purchased. If alcohol is bought on a licensed premises, it is consumed there and the publican knows who is drinking it. I have a serious difficulty with off-licences in this respect.

Another proposal in the new Bill would give the Garda Síochána powers concerning the issuance of licences. Is the federation satisfied with that proposal?

I do not think café licences will be taken up in rural areas such as that which I represent because the owners of the establishments to which they would relate would be obliged to serve hot food all year round. This would not be viable in many rural areas, although it may be in some bigger towns.

There are probably too many licences in the country but the VFI representatives mentioned that they are probably in the wrong locations. I understand that the going rate for a pub licence is approximately €170,000. If the new café bar licences are introduced, by how much will the cost of a licence decrease? I just want an estimated cost.

Not a penny.

It is a fair question because some elderly people might consider their pub licence as a pension. Is there any competition between breweries? Do brewers insist on pubs stocking certain products?

I have one question concerning those aged under 18 years, when accompanied by parents, having to leave a licensed premises at 9 p.m. or 10 p.m., depending on the month. I was recently in a licensed premises and had a meal with my family and another family. We enjoyed our meal and were having a drink but we had to leave the premises at 9.15 p.m. The same thing is happening in hotels. It has been brought to my attention that this curfew is ruining family holidays, particularly in coastal areas. Nobody wants children running wild through a premises at any stage but I wonder how the situation to which I refer is affecting businesses. Several people have brought to my attention the fact that it is adversely affecting their businesses. Children accompanied by their parents have to leave licensed premises and it is ruining the cultural fabric of society for many people.

From 1 May, it will be extended to 10 p.m.

I join my colleagues in welcoming the VFI representatives and I congratulate them on the professionalism of their presentation. They have debunked some false notions about the pub trade and profitability. The presentation referred, quite rightly, to the horrific increase in the abuse of alcohol. Only yesterday, a report was published by the Department of Health and Children which referred to alcohol and drug abuse in third level institutions. It is something about which all socially minded people must be concerned. I share the VFI's concern that the proliferation of off-licences and the increased availability of alcohol contributes in some measure to this abuse.

The VFI representatives mentioned that the Minister will be engaging in a consultative process with them. When they meet him will they be recommending legislative changes to the off-licence business? Will they put forward any other proposals that might reduce the horrific abuse of alcohol and its awful consequences?

The 10% profit figure intrigues me. I am not sure what the price differential is between drink in an off-licence and in a supermarket, although I know they are different set-ups. However, if overheads, including labour costs, are somewhat similar and the VFI is only operating at a 10% profit, the prices should not be much more than 10% cheaper, if at all, which would put them operating at no profit.

My final question relates to something in which I have a personal interest. Do the VFI representatives have any ideas on sponsorship by drinks firms of, for example, our hurling championship? I have my own reasons for posing that question because I am involved in the GAA at a certain level.

If anyone can speak authoritatively about sport, it is Deputy Tony Dempsey. He has certainly shown a great example to us all.

Wexford is more of a football than a hurling county at present.

As long as it is successful.

We will have a few lads next Sunday.

Laois might not be out of the Leinster championship this year either.

We will be talking about that later. I wish to pick up on some points that were made earlier. Deputy Callanan referred to shot-type drinks. I have never stocked such drinks. Most of our members do not stock them. The federation has never, does not and will not encourage its members to stock the drinks to which the Deputy referred. Those are cocktails that are made up——

Would the VFI suggest banning them?

Absolutely, 110%.

Will the VFI state that?

We have done so publicly.

There are TV cameras here. Mr. O'Donoghue is live on television at present, so it is on the record.

Absolutely. We will reiterate what we said earlier. If the Government banned them and they were taken off the market, it would certainly help many of the problems that result from alcohol consumption.

Off-licences are a major problem. The licensed trade is so regulated that if I sell drink to a person who comes into my premises while intoxicated, somebody can report it. If I do not have video cameras to indicate that I did not serve them any alcohol, I will be in trouble. Two hours earlier, the same person might have gone into an off-licence to purchase alcohol but there is nothing to regulate that scenario. As our CEO said earlier, he walked down the Malahide Road last week and saw two people stacking 24-can crates ceiling high. Five years ago, six-packs were normal. Now, however, they are packs of 24 half-litre cans, so the off-licence trade is in major trouble. Many of the problems that result from the marketplace are coming from the off-licence sector. The licensed trade is so regulated that my premises can be closed down for two days if I serve somebody who is intoxicated or under age, but it is a different scene altogether in the off-licence sector.

Deputy Callanan asked about the cost of €170,000 for a licence and what would happen following the introduction of café bar licences. I doubt if the cost of a licence will increase but I cannot indicate the extent to which it would decrease in value if the café-style bars were introduced.

I was asked about breweries. I can stock whatever I wish. My name is over the door and it is my premises so, in common with all our members, I can choose to stock products from Diageo, Murphy, Beamish and Crawford or any other company.

The 10 p.m. watershed has created many problems in the marketplace. It has created problems in tourist areas, both for Irish and overseas tourists. In the midlands, which is perhaps not really a tourist area, if there is a match at 7.30 p.m. on a Sunday evening it will be over by 9 p.m. Parents may come into the pub afterwards but their teenage children are expected to remain outside the door after 9 p.m. The watershed will be extended to 10 p.m. later this year. That situation has created major problems. The federation wants the onus to revert to the publican in that regard. I and most of our members do not want to see children running around the premises at 11.30 p.m. That is not conducive to the running of our premises in the way we recommend.

Deputy Tony Dempsey referred to the net profit in the on-trade. The profit on a pint of Guinness works out at around 10%. A case of whiskey can be sold in the off-trade in one or two minutes. How many customers would I need over what period to sell a case of whiskey? That is self-explanatory.

Mr. O’Sullivan

I thank Deputy Callanan who spoke about the 98% who run a good show. Unfortunately we are lumbered with the other 2% who are, perhaps, stocking the shops and supporting the nixers. The Vintners Federation of Ireland has single-handedly prevented the introduction of some of these dreadful products to the market. For our sins we have been threatened that we will be reported to the Competition Authority because we are allegedly anti-competitive. We have seen that challenge off and have prevented the introduction of some awful products.

As a national organisation we have been pushing for just over 20 years for the introduction of ID cards. We have great difficulty in understanding why they have not been introduced. The civil liberties groups and others are opposed to the introduction of such cards, but we will continue to push it.

Café bars will require hot food, therefore they may not be viable. Our biggest fear is that a lot of these café bars will spring up, they will be required to supply hot food, they will not be viable and they will switch to becoming pubs. For many years, one had to supply a full meal to get an extension in a licensed premises. That became ‘a full meal to be available'; that became chicken and chips, then chicken without the chips and eventually it was chips and chips and no chips. Now you do not need anything at all. The fear we have is that the café bar will become a bar — full stop. We have no idea how many are likely to be opened.

We welcome the proposed consultation process and we will be suggesting changes to the Minister. I refer again to the 24-can slab of 21 pints of cheap imported lager being taken out of a premises, essentially a newsagents — on the Malahide Road by a youngster. I have no idea what age he was. He could have been 14 or 24 and he was with three or four others. Where were they going with that slab and with whom were they consuming the lager?

We are most anxious to reduce alcohol abuse. Through MEAS, Mature Enjoyment of Alcohol in Society, pressure was successfully brought to bear on the drinks suppliers to remove their representatives from third level institutions where their function was to introduce young people to alcohol. We are responsible at least in part for getting their representatives off the campus. Those of us here are raising or have raised children and are part of families. At the end of the day we are all a big family and we want to protect each other. We want a reduction in the abuse of alcohol because it reflects on us and destroys the reputation of the trade. Whether we are innocent or not is immaterial. The abuse reflects on us.

We have an ambivalent attitude to sponsorship by drinks companies. I fear that if sponsorship is prevented, many of the sports which depend on it will die, but we have not a vested interest in the continuation of sponsorship. Many sports which are currently well publicised might not survive in the absence of sponsorship.

Mr. Liam Fitzpatrick

On Deputy Dempsey's point about off-licences, most of the publicans involved in the off-licence trade would know their customers. If the customers asked for something unusual, the publican would ask where they were going or who it was for, to prevent them from buying it and giving it to younger people outside. In the supermarkets there is no regulation and the alcohol can be taken out in a trolley.

I reiterate that we have no vested interest in sponsorship in sport, but many sports need the money. Formula 1 racing has moved almost totally to the Far East because of the ban on tobacco advertising.

The committee has heard a very full presentation by the Vintners Federation of Ireland. We are very much more aware now of their position and of the difficulties they anticipate. We are resuming our insurance inquiry tomorrow morning. I have often said that anyone with a no-claims bonus for three to five years should have a reduction of 20% or 25% in their premium. This is the norm.

We will do everything we can to support family business, small and medium sized business. The super pubs are charging the high prices which have been mentioned by members. The Government has a very strong view on curbing their establishment and there are new planning regulations. Is your business affected like other small and medium sized family busineses by the increase in local authority rates in recent years? While insurance was the second item of expenditure two or three years ago, rates are taking that place on the balance sheet. We are looking for all the assistance we can get in sounding the alarm bells on this issue, which is a particular problem in the bigger counties. The Celtic tiger would not have survived without the small and medium family businesses. Now that Celtic tiger II is back, it is up to us all to be responsible. Your organisation has shown great leadership.

I thank Mr. Donoghue, Mr. O'Sullivan, Mr. Dunne and Mr. Fitzpatrick. I know you are very strong Laois people in the main. Thank you for coming. You have an open door to this committee for the lifetime of this Government and you have some very decent people indeed working on your behalf in Mullingar and Westmeath in general. It is nice to have heard your submission.

I want to congratulate Westmeath on its success in the Leinster final, although it is a pity it met Laois. The Chairman mentioned rates, a matter which is of great concern to our members. Waste charges are another major concern. These are the two issues which are taking over from insurance.

We will have to nail the problem of alcohol abuse. The onus of good behaviour should be placed on the individual. I thank the Chairman and the committee and wish them continued success. I welcome particularly the initiative which led to the Civil Liabilities and Courts Bill of last year.

The joint committee adjourned at 5 p.m. until 9.30 a.m. on Wednesday, 27 April 2005.

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