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Liquor Licensing Laws

Dáil Éireann Debate, Tuesday - 11 October 2016

Tuesday, 11 October 2016

Questions (31)

Louise O'Reilly

Question:

31. Deputy Louise O'Reilly asked the Tánaiste and Minister for Justice and Equality if her attention has been drawn to a practice whereby alcohol is being served free of charge to customers in certain services; if a licence is required to provide alcohol free of charge where a customer avails of a service (details supplied); if there will be any amendment in the Public Health (Alcohol) Bill relating to this; and if she will make a statement on the matter. [29433/16]

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Written answers

As the Deputy will appreciate, I am not in a position in my capacity as Minister for Justice and Equality to provide legal advice in relation to such a matter in response to a Parliamentary Question. I can, however, confirm that the sale or supply of intoxicating liquor without an appropriate licence under the Licensing Acts is generally an offence. And while a bona fide gift may not amount to a sale, it should be noted that section 62 of the Licensing Act 1872 provides that for the purpose of proving that the sale or consumption of intoxicating liquor took place, it is not necessary to show that any money was actually paid if the court is satisfied that a transaction in the nature of a sale took place. Enforcement of licensing law law is, of course, a matter for An Garda Siochana.

As regards the Public Health (Alcohol) Bill, for which my colleague the Minister for Health, Simon Harris TD, is the sponsoring Minister and which is currently awaiting Committee Stage in the Seanad, the position is that the Bill contains a provision which will allow the Minister for Health to restrict the sale or supply of intoxicating liquor at a reduced price or free of charge on the purchase of any other product or service.

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