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Dáil Éireann díospóireacht -
Thursday, 26 Nov 1959

Vol. 178 No. 4

Intoxicating Liquor Bill, 1959—Second Stage (Resumed).

Question again proposed: "That the Bill be now read a Second Time."

This Bill does not seem to me to involve any principle which would mean that it could not be left to the discretion of individual Deputies to interpret the wishes of their constituents. Other than the fact that any Government introducing a measure is naturally anxious that the measure should go through in its entirety and with as few amendments as possible, I can see no reason why the Government could not permit to their Deputies a free vote on the questions at issue in this Bill. If that were done, the Minister would get, as far as is humanly possible, a true reflection of the wishes of the people.

I have no personal interest in the Bill. I am not an owner of a public house, nor do I represent any interest in that connection. I might possibly be put down as being interested from the point of view of a consumer. Other than that, I have no tied views. I regard this Bill as something like the curate's egg: there is good and there is bad in it.

One of the good things I see in the Bill is the proposal to give the right to open public houses in rural areas on Sunday. I approve of that primarily because of the fact that Sunday is the working man's free day, the day on which he is at liberty to enjoy a drink without having to hurry through it in order to carry out his work. I particularly approve of the Sunday opening that would occur just after last Mass. I do not agree with the proposal to open from 1 to 3 p.m. That hour may be suitable for the cities but it is not suitable for rural areas. I would suggest that, in rural areas, public houses should open from 12 to 1.30 or from 12.30 to 2. In most rural areas, there is not a 12 o'clock Mass. The last Mass is usually at 11 or 11.30. I suggest that 12 to 1.30 or even 2 o'clock would be more suitable hours.

In my opinion, it is wrong to continue opening on Sundays later than 2 o'clock because of interference with the normal dinner time in rural areas. It is desirable that a man should be compelled to leave the public house so that he can join his family for dinner. Most people will do that of their own free will but licensing restrictions are not imposed for the sensible people. They are provided in order to compel people who, through weakness of will or for some other reason, would not otherwise do what is good for them.

As regards the later opening on Sunday, again, I see no objection to opening on Sunday afternoon or evening but I do not think that 5 p.m. to 9 p.m. are the desirable hours. Again, there is a question of conflict with the usual teatime, from 6 to 7. If Sunday opening is to be allowed, I see no objection, for the reason I gave earlier, that it is the rural workers' free day when he can relax and enjoy a drink if he has the money for it. I would suggest that the opening hours should be 7.30 to 10 rather than 5 to 9. These are matters of detail but I have mentioned them as representative of the views I have heard expressed in my constituency.

Generally, in regard to hours of opening, I have found no desire in my constituency for an alteration in the hours. I have tried to learn the views of my ordinary constituents and of public house owners and of the people who work in public houses throughout my constituency. In order to get the information, I had to use a direct question. I find general apathy about the whole matter. Nobody in county Waterford or Waterford city appears to be interested in increasing the hours. On the other hand, I found active opposition to increased hours, primarily from the licensed owners in Waterford who, through their organisation, went to the trouble of informing each individual Deputy in my constituency that they were opposed to the increased hours. The organised workers who serve drinks have made no secret of their opposition to it and the general public I have met in my constituency have expressed no great desire for extended hours.

My own view on the question of opening would be rather different from that on the question of increased hours. I would suggest that we should have copied the law as it exists in Great Britain, that there should be in rural areas something similar to what is in the metropolitan area in Dublin, a closing period in the middle of the day, say, from three to five. It is an excellent idea to have a period when a man must leave the public house. Again, this law would not be for the benefit of the ordinary, intelligent man who takes a drink or has refreshment. It would be a safeguard for the man who is weak-willed enough to continue drinking as long as the public house remains open. I should think a break, not necessarily at midday but at some point during the licensing hours, would be of great assistance in compelling a man who is inclined to be weak-willed to leave the public house and to proceed to his home where he would get either some necessary food or some necessary sleep to bring him back to his normal self. In that way, you would encourage temperance in his drinking habits and not have, as we too often have, the spectacle of a man going into a public house and remaining there until the closing hour which, if this Bill is to become law, will be 11.30 that evening.

I believe it is against the best interests of the ordinary working man that the licensing hours should be extended. I know a case has been made that this is in the interests of tourism. I know the case has been made: is it not all the same whether a man stays in legally or illegally? He still stays the same length of time. That is quite true. Violations of the law will occur, no matter what Government are in office and no matter what law is passed, but in the vast majority of cases, if there is an official closing time, people obey that law.

I honestly feel, even as one who has offended, that it is necessary for us to have some curtailment of the period of time we are permitted to spend indulging in intoxicating drink. At the time we indulge, we do not like the restriction, but the next morning when it is our responsibility to undertake the duties necessary to keep our families, we will thank the publican and the law that saw to it that we left the tavern at a reasonable hour.

I do not want to appear too pious in my views on the question of when a man should take a drink and when he should not. My honest interpretation of my responsibility as a Deputy is that I should go with the side that says that closing at a reasonably early hour is in the best interests of the working people. The owners of public houses do not appear to be interested in the later closing time. The reason they give is a sensible one, that the average patron of their hotel or public house has a limited amount of money to spend and it will simply mean that instead of going in, say from 9.30 p.m. to 10.30 p.m. for his limited amount of drink, limited by the amount of money he can afford to spend, he will delay his visit which will mean the added cost to the publican of keeping open, the extra expense of lighting and heating and possibly paying extra help for that later hour. The workers themselves engaged in the trade feel the very same way and feel that this later hour will deprive them of the free time they would desire to spend with their families at home. All these things considered, I think it my duty to vote against a Bill providing later opening hours than we have at the present moment.

There seems to be a general chorus of approval of the Minister's proposal in relation to the closing down of bona fide houses. I should like to disagree with that view. Bona fide houses, as I know them in the neighbourhood of Dublin, the city of Waterford and other cities, are well-kept taverns. They serve a particular type of trade and they serve a very necessary purpose. If one were to visit an ordinary well-conducted bona fide house at any period, say, from 10.30 to 12 midnight on any weeknight, what type of person would one meet there? Would it be the young boy or the young girl of 18 years, unaccompanied or together? I would suggest the vast majority of the people who frequent bona fide houses are more likely to be a man and his wife or other people of adult years. That at least has been my experience..

I believe those bona fide houses have served in the past and do at present serve a purpose by being a means whereby tourists and other people who have sufficient money can go out for an occasional evening, where they can enjoy possibly music, good food and a certain amount of intoxicating drink. Many speakers have asked: why should a man be able to get a drink because he has the necessary money to travel three or ten miles by motor car? That is a view I held myself for quite a while but I believe now it is quite right that the man who cannot afford to have a car or to hire one to travel a certain distance, because of shortage of money, should not be entitled to have a drink because the money he has is so limited that it would not be in his own interest that he should be free to indulge.

Many laws made by different countries appear to have a taste of class distinction. For instance, up to recently in Great Britain, a man was not entitled to bet on a horse unless he could go to a rececourse or had an account with a bookie. That seemed most unfair because the ordinary worker was not entitled legally to place a bet. But when we examine the consequences and evil results of the system of betting in Ireland, I am not at all sure that they did not make a mistake in Great Britain in changing the law.

The question of bona fide houses was mentioned and it was stated that these gave a privilege to the man with money. It may not be so much a privilege for the man with money, but a help for the man who should not be encouraged to spend his money so freely. One would think there was something obnoxious about compensating the people who establish bona fide houses at large expense. Were they not engaged in a legal and necessary occupation? If the earnings of people in a legal occupation are likely to be reduced by an Act of Parliament, is it not plain that the principle of compensation should apply? When the shareholders of the Great Southern and Western Railway were about to be deprived by an Act of this House of certain doubtful earning rights, was not compensation permitted?

Listening to the debate, anyone would think that every proprietor of a bona fide house was a potential murderer, that it was only there that people got into a state of intoxication and drove their cars on the road so that the public were in danger of their lives. Even if you do away with the bona fide houses, you will have motor cars outside licensed houses up to 11.30 in the summer months. An intoxicated person leaving a licensed house in a motor car at 11.30 p.m. or midnight is just as great a danger to the public as those who leave the bona fide houses at present.

Under the Bill, permission will be given to bars in dance halls to remain open until 3 o'clock in the morning. I cannot see how a bona fide house, where you can get a meal, where you can be accompanied by your wife and where you can take some drinks and return by car, is any more dangerous than a dance hall which can remain open until 3 o'clock, where you are not accompanied by your wife and where you certainly will not get any meal. The boot is on the other foot. It is because of that that I look on this Bill as being like the curate's egg —there is good and bad in it.

There is one other point in the Bill which I think is unusual and wrong. It is the section in which the Minister proposes that in future beer bottles will not require to be stamped at the source of manufacture or, if they are stamped, will not be subject to the weights and measures laws. Is that not a direct encouragement to bottlers to provide short measure? Is the ordinary man buying a bottle of beer at a certain price not entitled to know that he is getting a certain amount of drink? I cannot see why the Minister has gone out of his way to alter the law in this respect. I am aware that the wholesale bottlers, the people who carry out the bulk of this stamping, are in wholehearted agreement with its continuation. I am informed that the expense of stamping and of employing four inspectors at the Irish Glass Bottle Company is carried by the trade and that no Government expense is involved. Why then has the Minister decided on this alteration? Wholesale bottlers who have built up a large stock of stamped bottles at great expense will now be in competition with people who can introduce any size or type of bottle and be safe from prosecution. The Minister would be well advised to omit this section.

I have no fixed ideas on the Bill. I agree with, say, Sunday opening, and certainly with St. Patrick's Day opening for a limited period. The rural community are entitled to that concession. But beyond that this Bill will have to be amended considerably before it gets my support.

It is generally accepted that there is a problem to be met in connection with the amendment of the licensing laws. This arises, firstly, because of the inequality between the boroughs and the towns and country areas. Secondly, there is the adverse change that has taken place by reason of the establishment of what are called bona fide houses but which were set up, not for the accommodation of travellers in the ordinary way, but to enable people to get a mileage qualification for the consumption of drink when it is no longer available in other places. It is generally accepted that they are not bona fide businesses in the accepted sense of the term, because the need for bona fide houses has in great measure disappeared because of the travel facilities now available.

We have these irregularities of various kinds. The only way to get respect for the law was to get rid of these inequalities and to try to get a system generally acceptable to the people of city and county. The proposals in the Bill, with certain amendments which have been suggested, will meet with the needs of our people. Nobody will suggest that people will go into public houses and spend all their time there, while the houses are open, in the consumption of intoxicating liquor. People come and go as suits their purpose.

Deputy Belton said that for Sunday afternoon openings perhaps a system such as that which prevails in London would be more advisable, namely, that a maximum of three hours would be allowed between 5 and 10 p.m. Everybody knows that the different boroughs in London select different hours. In certain parts of that City one has only to cross the street to find oneself in another borough and there you will have extended hours again. I think that would not be acceptable here.

We have to set a standard as best we can to suit the general needs of the country and stick to it. As Deputies from all sides of the House have suggested, I too would prefer an allround 11 o'clock closing at night in the ordinary weekday service. On Sundays, I think the 12.30 to 2 p.m. and the 5 to 9, or 9.30, p.m. openings ought to be quite sufficient for all purposes. Deputy Kyne has suggested that the Sunday evening opening should be from 7 or 7.30 to 10 p.m. I do not think that would be suitable because we would have to give area exemptions.

In the pursuit of games and sports, numerous trains come on a Sunday from outlying districts, trains which left perhaps at an early hour for a match or a sporting function. Sometimes 30,000, 40,000, or 50,000 persons arrive by train at a provincial town and they come by other means of transport, too. The hotel and restaurant accommodation of the town frequently has not the slightest chance of providing any refreshments whatever for them. The trains usually leave again at 6 p.m. Consequently, if they had not the 5 o'clock opening on Sunday afternoons the area exemption orders would be absolutely necessary as otherwise the people who left their homes at an early hour to attend the sporting function would have to return home again without having had food or any refreshment. Therefore, the hours suggested in the Bill are the best that could be devised in the circumstances.

There is no point in going over all the details of the Bill now because that would be more a matter for the Committee Stage. I should like to stress what Deputy Kyne said about the custom of stamping the measures in which liquor is being sold that prevails at the moment. As it is, it is a very competitive business. There is great concern in the trade that competition might even develop into smaller measures at a lower price without any indication whatever of the quantity in the bottles. I feel that the system of stamping the bottles for the trade should continue. Many people are very concerned about that matter, not only consumers but people who are anxious that the trade be conducted on fair and decent lines.

I do not think there is much more I would wish to say about the matter on this Stage because it would be a case of reiterating views that would come from many parts of the House.

This Bill proposes amongst other things to amend and extend the liquor laws that have been in force in this country for many years. I have no doubt that due consideration was given to this Bill. The Minister and his officials were in the predicament that they had to frame the Bill in order to embody in it the main decisions of the Liquor Commission. The Liquor Commission was set up, and I believe it was a very democratic approach, to report on the liquor laws and suggest amendments, and so on. I believe it was the right approach. Nevertheless, I believe that if there had been no commission and if the Minister and his Department were free they would have approached this problem in a really objective way and we would have a Bill that would be perhaps not so liberal but that would eventually be in the best interests of the people.

In itself, drink is not an evil. It is only when there is over-indulgence that danger arises. The whole point in the Bill is the question of restrictions—how the restrictions should be applied, when they should be applied and to whom they should be applied. It is regrettable that we should have to have that.

During the debate, reference was made to temperance societies. They have done very noble work. The whole motive behind the temperance society is to cut out abuses and safeguard men and women from themselves. They can go so far but no farther. It is wrong to talk about them in any derogatory way. There is no temperance society that does not admit that drink in itself is harmless and that their motive is to try to save members of society from this over-indulgence which we have so frequently seen in this country. We did not in the past bear a very good name. Unfortunately, controls now are just as vital and as important as they were at any time in our history.

Our way of life has considerably changed over the years. There has been an improvement in the standard of living. The advent of the motor car has given facilities to people to travel distances from home. Our society has broken up into all sorts of organisations, sporting bodies, cultural bodies, vocational groups, clubs and societies of all kinds. They all have their social events. Drink is usually associated with these social events and there are many more temptations, because of that change in our system, than there were years ago.

Not far from my neighbourhood I have met men who never went beyond the confines of their parish. I met them years ago. The sea is the limit now. People travel much farther afield. There is a tendency to congregate at venues wherever there is any entertainment or function going on. Temptation has been multiplied considerably in this country even since our youth. When I address my remarks to the House, I am really concerned with the youth of this country.

Unfortunately, we have mass emigration, and many of our youths have to go abroad, and too often it happens that if they have a tendency here to over-indulge in liquor, they follow up that tendency abroad and many young boys get into trouble especially in Great Britain. In years gone by, our people used to emigrate to America, a country where prohibition was largely in force, but there is no such thing as prohibition in Great Britain and with the increased salaries and wages which people now earn, they have more pocket money to spend on amusements of this kind, and unfortunately they over-indulge.

In considering this Bill, we have to remember that it relates to very old traditional industries, the brewing and distilling industries. In the past, those industries gave employment and they are still giving employment. We must consider also that it is the products of those factories that cause trouble. Naturally, we would prefer to see our people drinking the products of Irish breweries and distilleries than products from abroad. We have to consider, too, that there are something approaching 12,000 licensed premises in this country, nearly 10,000 seven-day licences and approximately 1,500 six-day licensed premises. The people operating these premises have more or less to depend for their livelihood on the profits they gain from the sale of intoxicating liquor. If one takes a conservative average of four per family in those houses, it means that up to 50,000 people depend for their maintenance and their livelihood on the licensed trade. We must keep that in mind because we do not want to injure those people in any way. Unfortunately, as is the case in many other trades in this country, there is over-competition in the licensed trade, the profits from which are limited in too many instances.

The most radical change in this Bill is, of course, the abolition of the bona fide trade. The Minister must be congratulated on his courage in facing up to the abuses which existed in connection with that trade. Whatever justification there was for it in the past, no such justification now exists. With the availability of easy and speedy travelling facilities, it was quite easy for people to leave a licensed premises in a city like Dublin, Cork or Waterford and be outside the three-mile limit in a matter of five minutes. It is no secret—in fact, it is well known— that there were gross abuses and growing tendencies which had to be checked. That was the conviction of many people. I have a certain sympathy with those bona fide traders who catered for that type of business, but I do not think they will suffer to the extent that has been alleged here. They have built up a customer clientele over the years which they will, very likely, hold on to, because of the fact that there are easier parking facilities in the vicinity of those houses than in a central city area.

With regard to opening hours, I believe there has been over-liberalisation. I believe no public house anywhere should be open later than 11 o'clock. Those who want a drink have plenty of time for it from the time they cease work in the afternoon until 11 o'clock. We must consider the homes and families of these people. It is regrettable if the breadwinner of a family spends his substance gorging himself at night-time instead of providing the amenities and necessaries his wife and children should enjoy. That kind of thing has caused the break-up of many homes, and we should not encourage it. I was glad to hear Deputy Kyne express the view that he saw no demand for longer hours. I have no great experience of public houses but I think publicans in general are disappointed because of that liberalisation in this Bill. That is one of the reasons I am opposing the late closing provision. There are many good points in the Bill and it will, I am sure, on amendment, commend itself to most members of this House.

On the question of Sunday opening, I have held the view and the conviction for many years that there would be far less abuse if the public houses were thrown open after the last Mass on Sunday. There are conflicting views as to the time they should be open. Last Mass in Cork city is not over until 12.50 and there is a feeling that 12.30 would be too early there. In some country areas, the Masses are over at 11.30 and in some areas at 11 o'clock. I think that from 12.30 to 2 o'clock would be a suitable average time, at least for most areas, for the noon-day opening on Sunday. At the present time, those who want a drink will sometimes get it before Mass. Leaving the public houses open from 12.30 to 2 o'clock will eliminate that tendency. There is this difficulty in some areas where there is only one Mass at 10 o'clock or 10.30 and, in those instances the people will hardly go home, but will loll about until the opening hour, but I would prefer to see uniform opening and closing than any concession being made to these isolated cases.

Opening on Sunday afternoons from 5 o'clock to 9 o'clock is suggested in the Bill. We all know, and regret, that on Sundays we see more drunkenness than on any other day of the week. I believe the hours mentioned in this Bill are far too liberal and will cause a good deal of drunkenness. I cannot understand how a man can go into a public house at 5 o'clock on a Sunday and remain there until 9 o'clock at night gorging himself. The publicans tell us that it is not the man who spends four hours in a public house who will consume the most. They prefer the customer who will come in and take his two, three or four drinks, finish his drink in the minimum time and go off about his business, to the person who lolls alone in the public house for the whole afternoon, without his tea, without joining his family or going to his home. That is an abuse we should guard against.

I appeal to the Minister to accept amendments to this Bill to curtail the hours he is now allowing for opening on Sunday afternoons. There may be something in the views of Deputy MacCarthy or other Deputies for later opening and closing on Sundays, but I believe the time given is too liberal because of the unfortunate tendencies we see around us on Sundays.

The six-day licensed houses are labouring under a handicap and with the liberalisation for the seven-day licensed houses, it would be difficult for the six-day houses to compete without those privileges. There are some towns in the West, I have heard in this House today, where there are something like 50 six-day licences as against seven seven-day licences. It means, of course, that these seven-day licence premises which open now on Sundays will capture the whole trade, as far as that town is concerned. I think that the six-day licensees should get the option of applying for a seven-day licence. Some of them will not do so. I am sure they would prefer not to have the worry of a licensed premises open on a Sunday but, at all events, if they get the option they will be put on the same footing as other people.

Debate adjourned.
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