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Liquor Licensing Laws.

Dáil Éireann Debate, Wednesday - 15 December 2004

Wednesday, 15 December 2004

Questions (183)

Róisín Shortall

Question:

197 Ms Shortall asked the Minister for Justice, Equality and Law Reform further to Parliamentary Question No. 203 of 30 September 2004, if his attention has been drawn to the dramatic decrease over the past two years in the rate of prosecutions for the sale of alcohol to minors; the reason for this when the rates of underage drinking and associated anti-social activity are on the increase; the action he will take to ensure that the gardaí enforce the law more vigorously in this area; and if he will make a statement on the matter. [33659/04]

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Written answers

I can assure the Deputy that strong provisions have been put in place to combat the causes of underage drinking and anti-social behaviour. Reductions in violence and public order offences have followed the enactment during 2003 of the Criminal Justice (Public Order) Act and the Intoxicating Liquor Act, which give significant additional powers to the gardaí to deal with public order and street crime.

I am pleased to note a 22% reduction in assault causing harm and a 23% reduction in minor assaults in 2003 compared to 2002. This trend has continued in the first nine months of 2004 with a 7% reduction in assaults causing harm compared to the same period last year. The reduction in the number of offences in this category reflects an improving public order situation and a curbing of some of the excesses in the abuse of alcohol. An improving public order situation is to be welcomed by all parties concerned with the preservation and maintenance of law and order. However, I believe there is more we can do to support the gardaí in the preservation of peace and public order on our streets. To this effect I am making provision in the Criminal Justice Bill 2004 to provide for a fixed penalty procedure in respect of certain lesser public order offences. I am certain that this provision will be an asset to gardaí in maintaining order on our streets.

I can further inform the Deputy that the Intoxicating Liquor Act 2000 provides for considerable strengthening of those provisions which already existed in the Intoxicating Liquor Act 1998 with regard to the supply or sale of intoxicating liquor to underage persons, including increases in fines for breaches of the law on underage drinking. Serious penalties, including the temporary closure of a licensed premises, can result where a licensee is convicted of the offence of selling intoxicating liquor to an underage person.

Gardaí can now target a premises whose customers cause trouble and, after warning the owner, can apply for a closure order. The law relating to conduct on licensed premises has been updated and made easier to enforce. There can now be temporary closure of premises for supplying alcohol to persons who are drunk, for permitting drunkenness and for failing to preserve order.

The administration of the national age cards scheme by the Garda Síochána has facilitated gardaí, in co-operation with the licensed trade, in addressing and combating the problem of underage drinking. The age card scheme allows any person who has attained 18 years of age to apply for an age card at his-her local Garda station in order to confirm that they have attained the legal age for the purchase of intoxicating liquor. The Garda Síochána continuously monitor the scheme to ensure that it takes account of changing circumstances and adapt it as necessary.

I cannot, however, stress enough that while legislative measures, together with initiatives such as the age card scheme, can help to curtail the problem of anti social behaviour and underage drinking, they cannot be viewed as the only solution. It falls on all parties with an interest in this area to play their role in helping to address the problem of anti social behaviour, with particular regard to young people.

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