Dáil Éireann Debate, Tuesday - 4 December 2012
163. Deputy Michelle Mulherin asked the Minister for Finance if the Revenue Commissioners are now pursuing a policy of shutting down licensed premises without any leeway when intoxicating liquor licences have not been renewed on time; if a list of licensed premises has been prepared for this purpose; and if he will make a statement on the matter. [54323/12]
View answerI am informed by the Revenue Commissioners that under the Licensing Acts 1833 to 2010, an Intoxicating Liquor licence is granted by the Courts, administered by Revenue and regulated by An Garda Siochana. While unlicensed activities are treated very seriously by all of these bodies, their functions in regard to this matter differ. The issue of “shutting down premises” where a licence has not been renewed on time, or indeed any other breach of the Licensing laws, is a matter for An Garda Siochana. Revenue does not have power to shut down an unlicensed premise that sells intoxicating liquor. However, Revenue does have the authority to instigate Court proceedings for unlicensed trading when they detect such activity. Where a relevant Court is satisfied that such proceedings are valid then the normal outcome is that a monetary fine will be imposed on the person who engaged in the unlicensed trading. The Courts also have the power to direct for endorsement, temporary closure, or forfeiture in the case of repeated offences.
I am further advised by the Revenue Commissioners, that their compliance strategies are based on addressing the areas of greatest risk to the Exchequer. The Revenue Commissioners have a compliance programme in this area, which systematically targets and addresses unlicensed premises and those publicans that fail to renew their licences.
