Dáil Éireann Debate, Thursday - 24 June 2021
13. Deputy Imelda Munster asked the Minister for Housing, Local Government and Heritage if his attention has been drawn to the difficulties that have been experienced by some publicans who have obtained section 254 licences yet are being prevented from serving drinks outdoors given that, according to An Garda Síochána, alcohol cannot be consumed in these areas under the liquor by-laws; and if he will make a statement on the matter. [33258/21]
View answerLocal Authorities, under Section 254 of the Planning and Development Act, can licence street furniture outside a hotel, restaurant, public house or other establishment where food is sold for consumption on the premises. The annual fee is typically set at €125 but, to support the outdoors focus of Summer 2021, I recently set the 2021 licence fee at zero. Local Authorities can also, pursuant to Section 199(1) of the Local Government Act, 2001, make bye-laws to control the consumption of alcohol in public spaces. Many local authorities have such bye-laws in place and they typically allow for the consumption of alcohol at tables and chairs immediately adjacent to hotels, restaurants, public houses etc.
The legislation relating to the serving of alcohol in licensed premises and the drinking of alcohol in public places comes under the remit of my colleague, Heather Humphreys, the Minister for Justice, and An Garda Síochána has responsibility for policing the liquor licensing laws and public order generally. Licences allow for alcohol to be served and consumed on the premises, which can include areas outside the confines of the building.
I have become aware recently of some engagement between An Garda Síochána and licensees regarding the consumption of alcohol outdoors in spaces licensed by local authorities. My officials are in ongoing contact with the Department of Justice to ensure that the safe operation of such outdoor dining areas continues to be facilitated. The Minister for Justice has been assured by the Garda Commissioner that discretion will continue to be applied by Gardaí in their engagement with licensed premises. In addition to this, Minister Humphreys has also discussed this matter with the Attorney General and she is examining how legislative action could bring certainty to this complex area of law.
