Dáil Éireann Debate, Tuesday - 8 September 2020
906. Deputy Emer Higgins asked the Minister for Justice the legislation that prohibits the sale of alcohol online; the way in which legislation could be extended to prohibit the sale of psychoactive substances online; and if she will make a statement on the matter. [21455/20]
View answerThe position regarding online sales of alcohol is that where alcohol is purchased online and delivered, the same restrictions on the sale and supply of intoxicating liquor apply, including the restrictions in relation to hours of trading and the provisions in relation to the sale and supply of intoxicating liquor to young persons. There is no dedicated licence for online sales of intoxicating liquor but licensees of licensed premises may engage in on-line sales subject to certain restrictive conditions e.g. advance purchase and payment.
Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account or for the benefit or profit of the licensee, or to permit any other person to do so. The penalty on conviction is a fine of up to €1,500 for a first offence and up to €2,000 for a second or subsequent offence.
Section 31 of the Intoxicating Liquor Act 1988, as amended, makes provision for offences relating to the sale and delivery of alcohol products to persons under the age of 18 years. It is an offence under section 31(2) for a licensee to sell or deliver, or to permit any other person to sell or deliver, alcohol products to any person for consumption off his or her licensed premises by a person under the age of 18 years in any place except with the explicit consent of the person's parent or guardian in a private residence in which he or she is present either as of right or with permission. On conviction for a first offence, a mandatory closure order of between two and seven days will be imposed by the court, together with a fine of up to €3,000. The penalties for a second or subsequent offence is a closure order of between seven and 30 days and a fine of up to €5,000. In addition, the licence holder is required to continue to pay staff for the duration of the closure period.
In relation to the sale of psychoactive substances online, An Garda Síochána, through the Garda National Drugs & Organised Crime Bureau (GNDOCB), interacts with the HSE and other relevant stakeholders, including the HPRA, where it observes particular trends in drug use that may require intervention on the part of the Department of Health or other relevant Department and/or State agency. In this regard, the GNDOCB is communicating with relevant state bodies relating to the possession and use by particular persons of psychoactive substances.
It should be noted that while the circumstances of particular cases that come within the terms of the Criminal Justice (Psychoactive Substances) Act 2010, enforcement and prevention strategies are operational matters for An Garda Síochána.
