Dáil Éireann Debate, Wednesday - 3 June 2020
351. Deputy Aindrias Moynihan asked the Minister for Justice and Equality the procedure for a business (details supplied) to obtain a licence to sell directly to the public and not through an intermediary; if he is considering changes to the licensing laws to make it easier for businesses to sell directly to the public; and if he will make a statement on the matter. [8607/20]
View answerThe position is that excise licences issued by the Revenue Commissioners for the manufacture of intoxicating liquor, including a distiller of spirits licence under the Finance (1909-1910) Act 1910, do not permit retail sales to the public. However, the Intoxicating Liquor (Breweries and Distilleries) Act 2018 contains statutory provisions which allow craft breweries and distilleries to obtain a producer’s retail licence from the Revenue Commissioners which enables then to sell intoxicating liquor manufactured on the premises to persons visiting the premises subject to specified conditions.
Section 1(6) of the Act provides that a licence issued or renewed under the Act shall operate to authorise the sale on the premises to which the licence is attached of intoxicating liquor manufactured on the premises:
a. between the hours of 10.00 a.m. and 7.00 p.m. each day (other than Christmas Day) for consumption on or off the premises, to persons who have completed a guided tour of the premises, where the licence has been issued on foot of a Circuit Court certificate,
b. between the hours of 10.00 a.m. and 7.00 p.m. each day (other than Christmas Day) for consumption off the premises, to persons who have completed a guided tour of the premises, where the licence has been issued on foot of a District Court certificate, or
c. between the hours of -
(i) 10.00 a.m. and 7.00 p.m. each day (other than Christmas Day) or a day to which subparagraph (ii) applies, and
(ii) 12. 30 p.m. and 7. 00 p.m. on a Sunday, other than a Christmas Day which falls on a Sunday, and St. Patrick’s Day, for consumption off the premises, to persons who have not completed a guided tour of the premises, irrespective of whether the licence has been issued on foot of a Circuit Court or a District Court certificate.
It can be seen, therefore, that off-sales to persons who have not completed a guided tour of the premises are permitted subject to conditions under the 2018 Act, in particular the continued availability of facilities for guided tours of the premises.
This information may be of some assistance to craft brewers and distilleries throughout the country who, like many enterprises, are finding it very difficult to keep their businesses going during this public health emergency.
