Dáil Éireann Debate, Tuesday - 23 March 2004
489 Mr. Cregan asked the Minister for Justice, Equality and Law Reform if current legislation governing minors being on licensed premises after 9.00 pm can be amended to permit minors involved in the playing of traditional music to remain on licensed premises while performing after 9 p.m. [8624/04]
View answerSection 14 of the Intoxicating Liquor Act 2003, which substitutes a new section for section 34 of the Intoxicating Liquor Act 1988, generally prohibits persons under the age of 18 years from being in the bar of licensed premises. A licensee may, however, permit a child, a person under the age of 15 years, to be in the bar if the child is accompanied by a parent or guardian, but not after 9 p.m. Likewise, a licensee may permit a person aged between 15 and 17 unaccompanied by a parent or guardian to be in the bar, but not after 9 p.m.
Moreover, a licensee may allow a child accompanied by a parent or guardian, or a person aged between 15 and 17, to be in the bar after 9 p.m. on the occasion of a private function at which a substantial meal is served to persons attending the function. The restrictions in section 14 of the 2003 Act do not apply to a son or daughter of the licensee, a person who resides in the licensed premises, a person who is passing through the bar solely for the purpose of entering or leaving another part of the premises or a person who is employed in the licensed premises in accordance with section 38 of the Intoxicating Liquor Act 1988.
It is important to note that the restrictions set out in section 14 of the 2003 Act apply to the bar and not to other parts of licensed premises. This means that persons under the age of 18 years may engage in playing traditional music after 9 p.m. in parts of licensed premises other than the bar. 'Bar' is defined in the Act as any open bar or any part of licensed premises exclusively or mainly used for the sale and consumption of intoxicating liquor and includes any counter or barrier across which drink is or can be served to the public.
I should add that the restrictions set out in section 14 of the 2003 Act are in line with recommendations both of the Commission on Liquor Licensing in its final report and the strategic task force on alcohol in its interim report.
I have no proposals to amend these recently enacted provisions of the law.
