I move that this Bill be now read a Second Time. As Deputies are aware, there was an explanatory memorandum circulated with the Bill; hence I think it is only necessary for me to deal with the principal features of it. The House might like to know how it came about that I should bring in a Licensing Bill at this time of the day. Following the passing of the Local Government (Amendment) Act of 1940, which provided for the incorporation of Howth in the County Dublin Borough, I was approached by the Licensed Grocers and Vintners Protection Association on behalf of their members in Howth. They pointed out that their position was not adverted to when the Local Government Act was being passed through for the purpose of extending the city boundaries, and said that they had been afforded no opportunity of making a case against their being included in the city. I agreed that when people's trading rights are interfered with by legislation, which does not specifically purport to deal with them, they should have an opportunity of stating their case.
It was because of the speed with which the Local Government Act was passed through the House that an opportunity was not afforded to those traders of stating their case. I promised to look into the matter, and that led me to look into the position in regard to the Intoxicating Liquor Acts in general. I know that from the time I went to the Department of Justice complaints have been made by the Commissioner of the Gárda Síochána of the growing public scandal created by abuses in connection with the bona fide traffic. The Guards complained that they were not able to prove that the people who had been causing these abuses were not entitled to be on licensed premises drinking during hours when they would not be entitled to get drink in licensed premises in their own areas. This bona fide exemption, as everybody knows, was introduced at a time when travelling was slaw, and when circumstances were altogether different from what they are at the present time. As the words bona fide connote, the exemption was meant to provide purely and simply for genuine travellers and not for people who could get on a bicycle and ride out into an area where, by doing so, they could get drink. By travelling three miles from their own area they were able to get drink, although during those hours they could not get drink in their own areas. By riding out on a bicycle to those licensed premises they could remain drinking there until “the cows came home in the morning”. As a result of the development of modern transport, that is what is happening.
It is well known that at the present time people leave licensed premises in the county boroughs and take a car or a bus out into one of those areas where this bona fide traffic is permitted, and remain drinking on licensed premises there until the small hours of the morning. This thing has become a gross public scandal. I am sure that every Deputy and everybody in the country knows of it.
Every Deputy knows what it means to introduce legislation dealing with the licensing laws. I may say that I was just as reluctant to do it as anybody else, but in view of the complaints that I have got from the Guards, and from decent people in those areas, I felt that I would not be justified in allowing this thing to continue. I approached the Government on the matter and this Bill is the result. For my purposes one section dealing with the bona fide traffic would be sufficient, but when we were tackling the question at all, I felt that there were some other points that were deserving of consideration—some of which were held to be a hardship on the licensed trade itself. It frequently happens, in the case of Acts of Parliament, that when they have been working for some time, it is seen that there is need for amending them. There is undoubtedly room for amendment of some of the provisions in the 1927 Licensing Act. When we were taking up this matter I thought that we might as well get after these. Consequently, we have the Bill in the form in which it has been presented to the House.
There is, first of all, the matter of night drinking, which has developed to an alarming extent outside the city areas and in the country areas. A dance, for example, may be held on a Sunday in a rural area where there is no bona fide exemption until after 12 o'clock midnight, but one minute after 12 o'clock, the public houses there can open and people can drink in them all night. Unless the Guards can prove that they came there solely for the purpose of getting drink, they cannot interfere. That applies, not only to the city areas but the country areas as well.
In rural areas, in order to cater for bona fide traffic, public houses can remain open on Sundays from 1 to 7 p.m. in the winter time, and from 1 to 8 p.m. in the summer time, or, if the district justice so decides, from 2 to 9 p.m. That, as we all know, has led to very serious trouble. On Sundays the public houses in the county boroughs close at 5 p.m. After that hour crowds of undesirable people travel out to those outlying areas and create pandemonium. There is no question about that. That has gone so far that the Guards have had to be specially reinforced to try to cope with the situation. The thing has become a perfect scandal. In this Bill I am proposing to abolish the bona fide trade altogether on week days and to leave it as it is on Sundays. But so as not to make it worth while, as I hope, for people to go out from the cities for the purpose of getting drink on Sunday evenings, I propose to extend trading hours in the county boroughs by fixing the closing hour at 7 p.m. I hope that this provision will have the effect of putting an end to the rowdy scenes that have been taking place in these outside areas. If we do succeed in putting an end to them, then our action in bringing in this Licensing Bill will have been well worth while.
As far as Howth is concerned, I have looked into the position of the traders there. I do not see that there is any reason why there should be any special legislation for Howth. With the extension of the closing hour to 7 o'clock on Sundays, I think they will be pretty well catered for. It was inevitable that, at some time, Howth and some of the other areas surrounding the City of Dublin would be incorporated in the city. In the past, when areas outside the city boundary were included in the city, the traders in those areas had to conform with the licensing regulations that applied in the city. I do not see that the traders in Howth have any particular grievance at all. At any rate, they have the opportunity now of availing themselves of the facilities that Parliament gives them, and of making their case here.
It was put to me by the Licensed Grocers' and Vintners' Association that the abolition of the bona fide system on week days will have a very injurious effect on their members in the County Boroughs of Cork, Limerick and Waterford. I understand there is a practice there of having mixed trading, where people from the country would be bona fide during the closing hour in the middle of the day, and it was represented to me that it would entail great hardship on those people if the licensed vintners were not allowed to serve them during that hour. I intend to meet that position with some amendment on the Committee Stage. It was also represented that the hours of one to two and four to seven were not suitable for those cities. The Dublin representatives seem to think that they will suit Dublin City, but the Cork, Limerick and Waterford people say that the hours will not suit them and they want them changed to one to three, and five to seven on Sundays. I am prepared to consider that also if it is thought desirable.
There was another point raised by the licensed vintners and it has reference to compulsory endorsement. In practice I do not think that it has done very much damage or that they have very much of a grievance. Nevertheless, I think it is only right that the justice should have discretion to say whether or not a licence should be endorsed, and that is provided for in the Bill.
There are three sections, each of which provides for, you might say, an individual firm. It is not a usual thing to do, but these firms have been asking the Department for a considerable time past to do something to make their positions right. One of the sections—I think it is Section 6—deals with restaurants which have only wine licences. They want to get restaurant certificates, and, as the law stands, they cannot get them. There are only a couple of firms concerned, Mitchell's and the Savoy Restaurant. There is another section dealing with Findlaters' shops. They have on-licences. Everyone who knows them is aware they do a general grocery trade and, as they have on-licences, they are compelled to close during the same hours as public houses. They have asked that Section 62 of the 1927 Act should be revived. That would allow these people to make application to change their on-licences to off-licences. They did not avail of Section 62 in time. The section lapsed and they have asked us to revive it and we have done so.
The next section deals with Clery's restaurant. They had a licence up to 1933, but the previous owners allowed it to lapse. The present owner thought it necessary to have a licence for his restaurant and he applied to the court, but the judge said he had no jurisdiction. I am giving the licensing authority jurisdiction, if it so wishes, to grant a licence for Clery's restaurant.
Part IV of the Bill deals with aerodromes and passenger aircraft. It was originally intended that the Minister for Industry and Commerce would bring in this Bill. I refused to do it at the beginning because I was a bit nervous of handling any legislation dealing with the sale of intoxicating liquor. When I found that I was going to bring in the Bill, I agreed to include this in it. When I met the licensed vintners they objected very much to the provision whereby the Minister is authorised to grant certificates; they did not see why the court should not do so. I did not expect any objection of that kind and I did not think there was any real point in it. The aerodromes are a new development and the State is responsible for them, even though it will nominally be a private company that will run them. I do not see any point in the Minister for Industry and Commerce going to the court for a licence —I do not think there is any great point in that.
There are small points here and there about which Deputies may wish to speak, but I think I have dealt with the main aspects and I have given the reason why I felt compelled to bring in this measure. I think the present is an opportune time, because that objectionable trade has died out considerably since the restrictions on transport were imposed. In addition to the restrictions on transport, I understand that there is a shortage of intoxicating liquor. Some say there is not a shortage but that there is more money available for drink. I do not know what the cause is, but I do know that the publicans are able to sell all they have and that will probably be the case while the emergency lasts, so I think the time is opportune for introducing the Bill. I move that the Bill be now read a Second Time.