Robert Troy
Question:212. Deputy Robert Troy asked the Minister for Justice and Equality his views on proposals raised in correspondence by a person (details supplied) regarding reopening businesses in the hospitality sector. [10464/20]
View answerTuesday, 9 June 2020
Questions (212)
Written answers
The Licensing Acts 1833 to 2018 contain important statutory provisions that govern the licensing of premises for the sale and supply of intoxicating liquor, and regulate such sale and supply. One of the key objectives of the licensing system, which generally requires that an applicant obtains a certificate from the Circuit Court or the District Court prior to obtaining the licence from the Revenue Commissioners, is to ensure that the person concerned is a fit and proper person and competent to undertake the statutory responsibilities of a licensee. It is for this reason that the Gardaí are a notice party to such applications. In order to ensure compliance with licensing law provisions, licensees must display a detailed knowledge of the applicable licensing rules, including restrictions applicable to sales and supply to underage persons, ensure appropriate training of staff and be in a position to maintain proper conduct on the premises.
A further objective of the licensing system is to ensure that premises are suitable for the sale and supply of intoxicating liquor and that they provide a safe and secure environment for both customers and staff. This requires knowledge of, and compliance with, the relevant statutory fire safety standards, as well as workplace health and safety rules. Compliance with these aspects are of particular importance for the health and welfare of staff where intoxicating liquor is consumed on the premises.
Finally, it is important to bear in mind that licensees are liable to be prosecuted in the event of any infringements of licensing law. For example, under the Intoxicating Liquor Act 2003 it is an offence for a licensee to permit drunkenness or disorderly conduct on the licensed premises. In a similar manner, improper sale or supply on intoxicating liquor to underage persons is an offence under the Intoxicating Liquor Act 1988. Fines may be imposed in the event of convictions. Moreover, claims for damages may arise where, for whatever reason, detriment is suffered by a customer or other person on the premises.
In light of these important factors, I do not consider that the establishment of bars in local community centres and the authorisation of mobile outlets would be in the public interest at this time. Further changes may be considered by the incoming Government.