Seanad Éireann debate -
Tuesday, 14 Dec 1999

Vol. 161 No. 15

Intoxicating Liquor Bill, 1999: Second and Subsequent Stages.

Minister of State at the Department of Justice, Equality and Law Reform (Miss M. Wallace)

I move: "That the Bill be now read a Second Time."

The purpose of this very short Bill is to allow for special opening of licensed premises and registered clubs on New Year's Eve for the celebration of the millennium. The Bill follows a recommendation of the National Millennium Committee that there should be a certain relaxation of opening hours on this special occasion and that it would facilitate everybody concerned, the public, licence holders and others, if there was a change in the law to meet the occasion.

In effect, the Bill provides for the setting aside of normal opening hours on the eve of the millennium. It does so on the basis that licensed premises and clubs registered under the Registration of Clubs Acts will be permitted to remain open for the sale of intoxicating liquor from after normal closing of 11 p.m. on the evening of 31 December 1999 until 1.30 a.m. the following morning. The normal 30 minutes drinking-up time will apply to the special closing time arrangement. This means premises will be required to be closed at 2 a.m. I should make clear that premises will not be allowed to sell alcohol for consumption off the premises during the extended period. Senators will agree that there is merit in that approach.

The Bill, as initiated, had proposed all-night opening on the eve of the millennium on the recommendation of the National Millennium Committee. The operation of that arrangement would have been interesting in light of the criti cism that is made from time to time that our licensing laws are too restrictive. However, it has become clear that many people, for various reasons, have mixed views about late opening on the night. It is reported that there are some publicans who do not intend to open at all.

The opening time proposed in the Bill is reasonable in the circumstances. I urge the House to accept the Bill on that basis. It is the Government's intention to legislate for wide-ranging and detailed changes in the law generally in another Bill. That Bill is being drafted following Government approval and it is intended that it will be published as soon as possible in the new year and enacted in time for the summer.

I take this opportunity to briefly inform Senators of some of the details of the Bill. As proposed, it will provide for a significant extension of licensing hours, wide-reaching changes in the licensing system and considerable strengthening of the law on under-age drinking. The features of the Bill will include the abolition of the distinction which currently exists between summer and winter trading; closing time on Thursdays, Fridays and Saturdays will be extended to 12.30 a.m.; on Mondays, Tuesdays and Wednesdays, closing time throughout the year will be 11.30 p.m.; there will be no change to Sunday night closing but trading hours on that day will be extended by the abolition of the 2.00 to 4.00 p.m. closing; the proposed extended hours will also apply to registered clubs; there will be no change to Christmas Day and Good Friday; and the Bill will remove the restriction on the granting of a special exemption for any time on a Sunday, that is, after midnight on Saturday night and after normal closing time on a Sunday evening.

In addition, the Bill will rationalise the manner in which a licence may be acquired for a premises never before licensed. This will be achieved by uniform treatment of the application for a new licence between rural and urban areas. Under the Bill, a new licence may be issued anywhere in the State in substitution for one existing licence where the Circuit Court is satisfied as to the fitness of the applicant, the fitness or convenience of the new premises and by reference to the adequacy of the existing number of licensed premises in the vicinity of the proposed new premises.

I will be continuing a full-scale assault on the scourge of under-age drinking. Last April we introduced regulations providing for a voluntary national age card scheme. The national scheme, operated by the Garda Síochána, can be used to confirm that a person has attained the legal age for the purchase of intoxicating liquor. The new Bill will, therefore, contain measures aimed at strengthening in a number of ways the provisions regarding the supply or sale of intoxicating liquor to under-age persons.

We also intend to establish a commission on licensing. Its remit will include a review of the scope of the system of additional licences and an examination of other aspects of the licensing system, such as licences for theatres and places of public entertainment and the licensing of residential accommodation which does not come under the definition of a hotel, interpretative centres and other places where the sale of alcohol is ancillary to the main business carried out. The details of the terms of reference for the commission will be a matter for final determination in the light of discussion with relevant interests. We expect to be in a position to announce further details of the commission in the near future.

As well as taking into account in preparation of the large Bill the laudable work of the sub-committee of the Oireachtas joint committee dealing with the licensing laws, we are also taking account of the work of the Competition Authority. As part of the consultation process we have taken on board many of the submissions the Department received in response to the work of the sub-committee and the work of the Competition Authority. We look forward to debating the Bill in the House in the New Year. However, the scope of this Bill is confined to a very special occasion and I commend it to the House.

Mr. Connor

We will not offer major opposition to this Bill; we do not wish to stand in the way of people enjoying themselves on New Year's Eve. I was a member of the Oireachtas joint committee that reported on the licensing laws. We made approximately 78 recommendations which we were told would provide the framework for comprehensive new legislation governing the sale of intoxicating liquor, including the way it is licensed. Despite the Minister of State's reference to a new Bill, it is disappointing that no proposals have been submitted to the House.

With your permission, Sir, I proposed to digress from the contents of this Bill to address the alcohol problem in the country and what we should be doing about it. I do not refer to ordinary social drinking. I am a mild social drinker and enjoy it, but I also see the major problems that arise in this area.

Alcohol consumption can have very significant adverse effects on the physical, psychological and social health of individuals, families and communities. The direct and indirect effects are diffuse and costly. These problems are not confined to the easily identified minority of heavy drinkers but extend across all strata of society. The problem is especially acute in the ever growing phenomenon of young and under-age drinking.

Alcohol consumption is responsible for perhaps up to 10 per cent of the illness and disease burden in the country. Up to 40 per cent of deaths by unintentional and intentional injury in the EU are attributable to alcohol consumption and we share up to the Union average in that statistic. The harm done by alcohol abuse is a huge burden on most economies in the western world and this burden is reflected on individuals by medical costs, lost productivity, increased morbidity, damage to property and forgone income due to alcohol-induced absenteeism from work.

Given our attitude in this country, we have made it almost fashionable for young people and adolescents to engage in drinking, sometimes binge drinking, years before the law allows them to be served with alcohol. The Minister of State referred to the Government's introduction last April of a voluntary ID card system as part of the fight against under-age drinking. This scheme has been a total failure. The Minister of State may deny it, but I challenge her to tell the House how many young people have taken it up. If she presents the facts honestly and without spin its failure will be apparent.

I fully support a compulsory identity card scheme for young people. I understand the comprehensive Bill to be introduced later in the new year will put the onus on licensed traders to satisfy themselves that those to whom they serve alcohol have reached the age of 18 years. The law places a complete interdiction on the sale of alcohol to anybody under that age. This provision will not be effective unless there is a compulsory ID card system. It will be unfair to put sole responsibility on publicans serving the alcohol because it is very difficult to judge if young people are 15, 16, 17, 18 or 19 years old.

The Europe Office of the World Health Organisation has done much excellent work on alcohol abuse in the European region, covering all the countries of the European Continent. It has worked out a comprehensive series of actions to be undertaken over the next five years with outcomes to be realised by 2005. These include measures to protect children and young people from excessive alcohol promotion and abuse. To ensure that effective treatment is accessible to people or families whose alcohol consumption is described as hazardous or harmful to their health and general well being, it recommends a reduction in alcohol-related problems within the drinking environment and action to reduce the number of intoxicated persons leaving licensed premises who subsequently become involved in assaults, violence and alcohol-related traffic accidents and other anti-social behaviour related to drinking. The implementation of appropriate measures to restrict young people's access to alcohol is again emphasised and it also recommends that there be a heightened awareness and increased competence among all Government sectors involved, such as health, to ensure that a positive impact is made on an alcohol use policy.

The WHO wants all continental European countries, including Ireland, to have in place a comprehensive, broadly based alcohol use policy by 2005. It want a system for reporting on alcohol consumption and a system for monitoring and evaluating the implementation of a policy on alcohol and the harm that can be done by excessive drinking. To achieve these outcomes by 2005, it rightly insists that this and other European countries should have in place or be putting in place a country specific policy containing an action plan on alcohol abuse with clear targets. We should establish a body to co-ordinate the national programme and provide adequate funding for the programme with a specific timetable to ensure implementation in time. We should formulate a national action plan on alcohol abuse and we should establish an effective framework for monitoring and evaluating alcohol consumption and for tracking indicators of the harm caused across the board by excessive taking of alcoholic beverages.

Alcohol consumption is an integral part of social and cultural life and is accepted as such by most people. Attendant to all major cultural and sporting events is the huge consumption of drink. These events are attended by tens of thousands of people. It is estimated that in 1998 the national expenditure on alcohol was in the region of £3 billion. It is estimated that each year we consume almost 12 litres of pure alcohol per head of the population aged 15 and over. Adjusting for the number of non-drinkers in the population, which is estimated to be 20 per cent, the consumption rate per head translates as 13.6 litres of pure alcohol. Beer has the highest consumption rate of all alcoholic beverages in this country and there has been a fivefold increase in the consumption of wine since 1960.

When comparisons are made with other European countries Ireland ranks tenth for the quantity of alcohol consumed per head of population. However, our ranking changes from tenth to eighth place in terms of quantity of alcohol consumed when adjusted for age because such a high proportion of our population is under 15 years of age. If further adjustments were made for the 20 per cent who are non-drinkers – this is considerable as we have a major total abstinence association – our ranking among EU countries would be even higher. It is interesting to note that among the European member states with the lowest consumption are Sweden, Finland, the United Kingdom and the Netherlands. It is also interesting to note that these countries have in place very far reaching and comprehensive alcohol use policies of the kind we do not have.

Under-age drinking is very prevalent in this country. A greater number of young people are starting to drink at a younger age and a high percentage are regular drinkers by the time they reach 18 years. Many of them even abuse alcohol at that age. Surveys conducted among post-primary pupils at both national and regional levels indicate that at least 63 per cent of students – and some surveys indicate up to 83 per cent – report that they use alcohol. Surveys carried out in recent years by Morgan and Grube in 1994, Murray in 1996 and McGabhann and Kellegher in 1995 give very interesting indicators of the drinking patterns in Ireland. These surveys and others show that between 30 per cent and 32 per cent of young students are regular alcohol users. There are interesting regional variations. In the west and northwest 20 per cent of students drink beer weekly and the surveys show that of the students who drink in that region, 42 per cent reported being drunk at least once and 10 per cent reported that they were drunk at least ten times. In Dublin it was reported that 50 per cent of students have felt drunk at least once, while the national figure was roughly 40 per cent.

We know that the adverse effects of alcohol in society are pervasive. Alcohol related problems extend beyond the physical health issues to mental and social health problems. Problems such as car accidents, falls, assaults or fights can arise from a single episode of drinking. Regular drinking can contribute to chronic conditions such as cancers and strokes, work and money problems and unwanted and unplanned teenage pregnancies, and heavy drinking may result in cirrhosis of the liver, alcohol psychosis and, for very many, homelessness.

Mortality rates from alcohol related diseases, cancer in particular, have gradually increased over the past ten years and increasingly alcohol is associated with diseases which had not been thought to be alcohol related heretofore. According to the most recent figures, 30 per cent of road deaths and 19 per cent of all road injuries occur between the hours of 9 p.m. and 3 a.m., the hours most associated with drinking and driving. There is little doubt that the combination of alcohol and driving during darkness are important contributing factors to road accidents. We also know that many crimes of violence have alcohol as their common denominator.

Estimating the true economic cost of alcohol related problems is fraught with difficulty, due to the problems of gathering accurate data on true costs and the exclusion of other social costs. We are all aware of the cost of workplace production losses due to absenteeism through illness and accidents caused by alcohol, losses from road accidents, expenditure on health treatment for people with alcohol related problems, expenditure on social welfare payments to drinkers and their dependants and expenditure of resources on police and social workers in dealing with alcohol related problems. It is ten years since an attempt was made to estimate the total cost to the economy of alcohol abuse. In 1988, the estimated cost was £263 million, of which more than half had to be borne by the State. Allowing for inflation, the total cost in today's terms is £400 million.

Mr. Bohan

I served with Senator Connor on the joint committee which discussed the licensing Bill and I agree with much that he has said, particularly with regard to under-age drinking.

The Minister has gone to considerable trouble to take advice in the House and outside on this short Bill. The Bill will satisfy almost everyone who is involved in the licensed trade, customers, owners and staff. Last April the annual general meeting of the Licensed Vintners' Association unanimously and enthusiastically supported the proposal that all licensed premises in the greater Dublin region should remain open on the eve of the millennium and until 2 a.m. on New Year's Day. Since then, things have changed considerably, notwithstanding the best efforts of the association. There is now a major problem in getting some staff to work on New Year's Eve, even with the very generous offer of a basic week's wages for a working day. I say ‘best efforts' advisedly because since last spring we have discussed and negotiated this issue on a continuing basis with MANDATE, the trade union representing bar staff in the Dublin licensed trade. I regret to inform the House that we were unable to reach a settlement, even given the attractive reward.

Part of the problem arises from the confusion which surrounds the definition of New Year's Eve as a special public holiday. Unionised staff in the trade have interpreted the term 'special public holiday' as a day off. Staff in the non-unionised sector, which now comprises the greater part of the trade's workforce, will, I understand, work to provide a limited public service up to 6 p.m. on that day. In consequence hundreds of premises will, I hope, be open up to that time on New Year's Eve. A minority plan to open until 1.30 a.m.

Economic issues are not the sole factor governing publicans' decisions to close early or not to trade at all. Considerations such as security, public transport and the decision of owners to allow time off to enjoy the millennium eve have also played a part. I share the disappointment of many Members that it appears only a minority of premises will remain open until closing time on new year's morning. This view was shared by a delegation from the Licensed Vintners' Association which met the Minister of State, Deputy Brennan, last week to discuss the millennium eve. The Minister, by extending the licensing hours to 1.30 a.m. plus half an hour drinking up time, got the balance right and I compliment him. Hopefully, on New Year's Eve many publicans will take advantage of this special extension and will trade until closing time.

This short Bill anticipates comprehensive legislation on the licensing laws which will be introduced early in the new year. It is certain from the Minister's press statement of 12 October that the proposed new legislation will contain the most radical changes ever contemplated in our liquor licensing laws.

I congratulate the Minister on this short Bill and look forward with keen interest to the forthcoming legislation.

Mr. J. Cregan

I welcome the Bill. It is necessary to have a certain relaxation of the licensing laws on the eve of the new millennium. In recent years emphasis has been put on Christmas for the wrong reasons. While we should remember the Christian aspect of the occasion, we appear to have only a commercial view. That is particularly the case this year. All we have heard about for months is the cover charge in the pubs on New Year's Eve and how much payment staff are seeking for working that night. That is a pity.

In recent weeks there has been much talk about the family unit and our strong family values. While it is important to relax our licensing laws on the eve of the millennium for certain people who wish to go out that night, and they are welcome to do that in moderation, it is also important that families should spend the occasion together, whether they are out or at home.

Many public servants are obliged to work on New Year's Eve without receiving massive overtime payments. They include the Garda Síochána, the nurses and doctors. I hope their time will not be taken up treating people for alcoholic poisoning. It is a shame to have to say this but I believe that will be the case. There has been much hype about this New Year's Eve and we have lost sight of the fact that we are celebrating the birth of Christ 2,000 years ago. The occasion has been commercialised. Senator Bohan spoke about how difficult it was for publicans to get staff to work in public houses and clubs on New Year's Eve.

We should remember we are celebrating the birth of Christ, hold on to our strong family values and be together where we can. By all means, people should go out and enjoy this big occasion. However, I appeal to them to do it in moderation and to think of the people who must work that day without massive financial rewards.

Minister of State at the Department of Justice, Equality and Law Reform (Miss M. Wallace): I thank the Senators who contributed to the debate. The purpose of the Bill is simplicity itself, to provide for the special occasion of the eve of the millennium by setting aside normal permitted hours for all licensed premises and clubs registered under the Registration of Clubs Acts. It allows them to remain open until 1.30 a.m. with a further 30 minutes drinking up time. The normal time would have been 11 p.m.

Senator Connor asked about the national voluntary age card scheme and the numbers concerned. A total of 5,300 age cards have been issued at this stage. This compares to the figure of 2,500 for 12 October 1999. The regulations came into effect on 19 April 1999. The length of time to process an application and issue a card is now approximately ten working days.

The Bill is a recognition of the need to provide for special statutory arrangements which contribute in a small way to the celebration of a significant date on the calendar. It is supported by the National Millennium Committee. The millennium will be celebrated in many ways throughout the country. For those who wish to go to their local town or city pub, it will mean that those premises, without exception, can avail of the late opening time if they wish. Those licensed premises which qualified to make use of special exemption orders could arrange to open until the early hours of the morning anyway, but other premises which would not be eligible to apply for such special exemptions could have found themselves at a distinct disadvantage, in the absence of the special millennium provision in this Bill. Such licensed premises as are eligible to apply for special exemptions may still do so if they wish to remain open later than the hour provided for in this Bill.

Nobody can argue that the public is being forced into public houses, nightclubs or hotels to celebrate the millennium. If we are to believe newspaper reports, this New Year's Eve might be the driest on record with many people deciding to stay at home. There is a serious side to any event which combines alcohol and large numbers of people. We appeal to people celebrating outside the home on that night to be responsible and not to contribute to a statistic for the beginning of the new millennium which deals with the number of dead or injured on the roads. It is in everybody's interest to ensure that people celebrating the arrival of the new millennium should do so in a responsible manner. Drinking and driving is a lethal cocktail which should not be contemplated.

I commend the Bill to the House.

Question put and agreed to.

Bill put through Committee, reported without amendment and passed.