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Dáil Éireann díospóireacht -
Wednesday, 9 Nov 1983

Vol. 345 No. 9

Intoxicating Liquor (National Concert Hall) Bill, 1983: Second Stage.

I move that the Bill be now read a Second Time.

The object of the Bill is to provide for the grant by the Revenue Commissioners of a special licence for the sale of intoxicating liquor in the National Concert Hall. Bar facilities have been available to patrons in the concert hall for some considerable time but doubts have emerged as to whether the grant of the court certificate for the liquor licence held by the concert hall was well founded in law. The Attorney General, accordingly, appealed to the High Court to have the licence quashed. However, the appeal has been adjourned and this has provided an opportunity to have the matter regularised by way of new legislation.

By way of further explanation, I would like to sketch the background in a little more detail. The liquor licensing laws are complex and are contained in statutes going back over very many years. Since 1902 the number of licensed outlets for drink has been strictly controlled. New licences can be granted but only when an existing licence is extinguished. In an urban area, for instance, a new licence can be granted upon proof that there has been an increase of at least 25 per cent in the population of the civil parish since 1901, but an existing licence in the city or town would also have be extinguished.

Three Dublin theatres have liquor licences under a provision which lays down a special licensing regime for those Dublin theatres which have letters patent granted originally under the Dublin Stage Regulation Act, 1786. Special liquor licences have been given under various Intoxicating Liquor Acts to places such as the bus station in Áras Mhic Dhiarmada, airports, aircraft, railway stations and greyhound tracks.

Deputies will agree that a special licence is also justified in the case of the concert hall in view of its unique national position and the Bill now before the House proposes to ensure that the hall has a liquor licence commensurate with its needs.

Section 2 is the principal provision of the Bill. It directs the Revenue Commissioners to grant the licence, on application by the National Concert Hall Company, or its nominee. A prior court certificate such as is normally required under the licensing code will not be necessary, nor will it be necessary for the concert hall to comply with the general provisions in the licensing code regarding the prior extinction of an existing licence. The licence will be valid for so long as the concert hall remains in operation at its present location.

The licence will authorise the sale of liquor to persons attending a function, persons taking part in the function and persons employed at the concert hall. The permitted period during which drink may be sold will range from half an hour before a function until one hour afterwards. While the holding of concerts will be the primary activity of the concert hall, it is proposed that the definition of "function" should be extended to include conferences.

Subsection (3) of section 2 is a penalty provision and is intended to cover a situation, however unlikely it may be, where drink is sold at the concert hall otherwise than in accordance with the terms of the licence.

Subsection (4) of that section relates to the original licence for the concert hall which was issued in 1981 and which has been renewed annually since then. Once the Bill is enacted and the special licence is granted, the existing licence will cease to have effect.

Section 3 excludes the application of certain provisions of the licensing code to the concert hall licence. Since the normal regime of permitted hours will not apply in relation to the concert hall licence, the application to that licence of provisions relating to exemption orders and occasional licences, or of the provisions relating to prohibited hours, would not be appropriate. The exclusion of Part III of the 1927 Act means that the provisions in the code relating to the endorsement and forfeiture of licences will not apply to the concert hall licence.

I believe that this is a non-controversial measure and that it will commend itself to Deputies on all sides of the House. If there are any particular aspects on which they would like further clarification, I shall endeavour to deal with those aspects in the course of my concluding remarks.

We support this Bill. The Minister has made quite clear the reasons for the measures which are being included in the Bill, the fact that doubts have emerged as to the legality of the present situation and that the Attorney General has taken action to have the existing licence quashed and that time has been allowed for an appeal in that connection.

We regard this as a very simple, direct measure, perhaps the kind we should have more often in this House to deal with specific problems immediately rather than waiting to include them in some larger measure which takes a great deal of time to prepare.

As far as the National Concert Hall is concerned, I congratulate the board, management and staff of the hall in doing an excellent job and in fulfilling the objectives which we had in this House when the concert hall was established. I understand they are making a modest profit which fits in with the objectives of the Members of this House that it was never the intention that the hall should make substantial profits but that there should be reasonable charges in relation to the quality of entertainment provided and that is what the management have done.

It was suggested at the time that the National Concert Hall should provide for all kinds of music and song in the best quality available. It is evident that this has been done. It is heartening to see such full houses for some of our best entertainers and ballad groups. There have been tremendous occasions when we have had entertainers like The Dubliners, Clannad. The Wolfe Tones and The Chieftains. We have also had international companies, for instance, the Russian Symphony Orchestra, the BBC Philharmonic, the Liverpool Philharmonic, the Army and Garda Bands and the Ulster Symphony Orchestra. They are very popular and welcome in Dublin, especially in the National Concert Hall. We have also seen many individuals and soloists of the very highest standing, so it is quite clear that the management of the concert hall have shown initiative in attracting such entertainers. They have also attracted conferences, conventions and receptions. It has become a very popular place in which to hold such functions and they are done very well there. In that sense, the National Concert Hall is fitting in with what this House required of it and must be commended for doing so. It has also, of course, become the home of the RTE Orchestra and I understand they are doing particularly well there in their concerts.

The National Concert Hall Board are an excellent body, very well managed and deserving of our full support in this House. Therefore, we have no qualms about making these provisions available to them. The provisions seem very reasonable in that they provide that for a period of 30 minutes before the commencement of a function and ending one hour after its conclusion the sale of intoxicating liquor at the concert hall for consumption therein for persons attending or taking part in the function and persons employed at the concert hall will be allowed. We have pleasure in wholeheartedly supporting this Bill.

I naturally support the Bill also. I may perhaps be allowed to say a word or two about the building itself and to speak about matters that occur to me arising from the speech by the Minister of State.

What the Minister and Deputy Woods said about the National Concert Hall is very much to be emphasised. I remember, in the Coalition Government from 1973-77, the controversy which was then raging as to whether the Government should go ahead with the extremely expensive original idea for a John F. Kennedy Hall or whether they should adopt a much more economical alternative even if, as it then seemed, a rather makeshift one, of converting the old UCD premises at Earlsfort Terrace. Richie Ryan, who is now rightly coming into his own, impressed on the Government the importance of not throwing away money on a project which, if any recent experience was to be a guide, would undoubtedly by the end have cost three times more than the original quotation. He advised they should concentrate instead on the somewhat more modest, even if not absolutely perfect, project of converting the old Great Hall in UCD. I agreed with the financial and economic sense of that decision, but I had some qualms about how the result would turn out visually.

They have been largely — although not entirely — set to rest. The architects in charge of that conversion did as good a job as could possibly be done in the circumstances. I only regret that the familiar passages and rooms of the old University, of which I was a student 30 years ago, had to be sacrificed in the process. Of course, they were no great shakes to look at and I do not say that anything has been lost by their disappearance, except that there is much less food for the nostalgia of the college's graduates from the fifties or before then.

The recent demolition operations at the bottom of Leeson Street and stretching over that very large site which incorporates the old Alexandra College site have opened up a perspective of the old UCD building, now the National Concert Hall, which never existed since the building was put up in the First World War. The only perspective which anyone had of that building was an oblique one from Earlsfort Terrace and it develops a surprising degree of architectural interest to my layman's eye at any rate, when seen face on. It is a great pity that that site, obviously very valuable, must now be built on so as once more to obscure that view; and I hope that the architects in charge of replacing the demolished buildings will leave even a little alley-way from the Leeson Street side to the Earlsfort Terrace side so that there can be some impression of what the building looks like when seen, as buildings should be seen, from a distance appropriate and proportionate to their bulk.

I have seen the facilities of the National Concert Hall several times since it was opened. They seem to be first class. I am not in a position to speak with any musical authority. I am simply an amateur there too, as to the acoustical qualities or the facilities for performers, but I do not think I have heard too many complaints about that, even from those whose judgment I would respect.

The purpose of this Bill is to regularise what may seem to the Minister or the Government a quite subordinate part of the concert hall's operations. However, I think and I am sure many others would agree, that there are some kinds of entertainment — I do not mean to be facetious — which are enhanced by the fact that you can have a drink before or after them. That is something that Myles na gCopaleen, one of the greatest Irishmen ever born, poked fun at, but not seriously, because he saw the point too when he wrote how extraordinary it was that no one seemed able to put up with an evening at the theatre completely sober, that when the interval arrived there was a "humiliating exodus for whiskey." Nonetheless, what he said in satiric form is true. There are a range of aesthetic experiences, of which the theatre is one and a concert is another, which are enhanced for the visitor and made into an evening out in the sense that an evening at the cinema or an evening at some other entertainment never could be, by the fact that one can have a social couple of drinks with friends — or by oneself if one is a solitary drinker — before, in the middle of or after the performance. The legal doubts about the legitimacy of serving drink in the NCH should now be put to rest.

From something in the Minister's speech for which she is in no way to blame I cannot help observing the extremely nannyish attitude of the Irish State towards the whole subject of buying and selling drink. Needless to say, it is not because the Irish themselves are in their nature nannyish about that subject. You yourself, Sir — but perhaps it is not in order to make comments about the Chair's personal abstinences — the Irish as a people are not nannyish but they have allowed nannyish manners to be wished on them, in this as in so many other things, by our neighbours.

The abuse of alcohol is a terrible curse in this country. I am not saying, as some people would, that the abuse derives to some extent from the sense of repression inspired by its only-partial-legitimacy, by the fact that you cannot buy a drink between 2.30 p.m. and 3.30 p.m. or during long hours on a Sunday and many pubs close earlier than their patrons would wish because they are obliged to do so by law. That is an nannyish approach to alcohol that we should have outgrown and we should be willing to form a new attitude towards it starting from scratch. We should make a zero calculation about the whole problem of licensing the sale of intoxicating liquor. There is room for some form of control and licensing; and the very form most needed is the one which is least visible, namely the control of its sales to minors. That is where there is the greatest abuse and the least effective law. Aside from that there is the case for looking at the question of licensing from the ground up.

It is fantastic that the Minister should make a speech here referring to licences for the Dublin theatres and — note this for scrupulous nannyism — only for those Dublin theatres which have letters patent granted originally under the Dublin Stage Regulation Act, 1786. Are we to issue a stamp in commemoration of the bi-centenary of that Act? Is that why you cannot get a drink in the Gate or Eblana Theatres? I do not know the reason. Perhaps I am wrong to mention these theatres by name; I cannot tell the press what to print, but I regret now having mentioned them, because for all I know I may have been doing an unwitting injury or causing annoyance to their proprietors and managers, and I do not want to do that. If only certain Dublin theatres which conform with regulations laid down in 1786 received special licensing consideration, the whole structure must be one of the most absurd of all our legislative structures.

Put that beside what the Minister went on to say especially about licences — I hope she does not mind me putting it in this way — she said proudly: "Special liquor licences have been given under various Intoxicating Liquor Acts to places such as the bus station in Áras Mhic Dhiarmada." You must go up two flights of stairs to get a drink if you are at the Eblana and you want a drink. The last time I was there, one had to walk up the main concourse and push through crowds waiting to go to Navan and Tullamore and go up another flight of stairs to get to the bar — by which time most of the interval was over — and then one had to force one's way through the thirsty throng. The bus station in Áras Mhic Dhiarmada has a bar as have airports, railway stations and greyhound tracks. Are we not a great little people? We have managed to licence greyhound tracks, but we cannot make sure that one can get a convenient drink in all theatres. Above all, we have not succeeded in curing the greatest omission of all in this area, the absence of proper liquor licences in ordinary restaurants. We must be the only country in Europe in which that is so. The Minister made special mention of airports. I do not mind making a parenthetic prediction, that the best business done at Knock airport will be in the bar — providing some 18th or 19th century Act will entitle Monsignor Horan's company to apply for and get a liquor licence.

The idea that you can get a drink more easily standing out on the windy terrace of a greyhound track than you can in a restaurant—I mean a drink of beer or spirits—is fantastic. I am not the first person who has said that in this House, but it is so seldom that we get an intoxicating Bill here that I must ask your indulgence, Sir to say one or two brief words on this. In happier days when I was Minister for Trade, Commerce and Tourism, one of the things I first tried to do—unfortunately my term of office did not last long enough for me to complete it, as with many other things I had running—was to put an end to this ludicrous situation which is a severe handicap on the tourism side. I felt able to take an interest in this under my tourism hat, and I was urged on by Bord Fáilte and by the Restaurant Owners' Association. I encountered opposition from the licensed trade. I do not want to make cheap fun of the licensed trade, far from it. They conduct a legitimate and difficult business, one with responsibility of all kinds, and many of them, despite what the public think, do not make a reasonable income for their efforts. They must carry a large tax load and pass it onto their customers and expect the customers to smile. Their apprehension was that the extension of licences to restaurants would rob them of business.

Might I interrupt you?

You have been more than good, Sir.

I have been over-indulgent. Perhaps you will come back from the greyhound tracks to the National Concert Hall.

I can understand the apprehension of the ordinary licensed trade. They were afraid that places that did nothing else than sell beefburgers with a handful of chips would now be able to sell beer and spirits. I shared those apprehensions; but it would not have been beyond the wit of my Department, with goodwill all round and the co-operation of the Department of Justice, to contrive some system whereby what you or I would call a restaurant, as distinct from a hamburger joint or something of that kind—I do not mean to be belittling by using that expression—could be licensed. That is not beyond the wit of man. We all know it is a handicap to our tourist trade that greyhound tracks, and Knock Airport, can be licensed, but restaurants in the city of Dublin by the dozen can sell only wine and wine derivatives of the non-distilled kind but no beer and no spirits. I urge the Minister of State here—I do not know the exact frontiers of her responsibility, but if those frontiers enclose the subject of intoxicating liquor licences—to take up the ball which I was forced to drop when the Irish people changed the Government at the beginning of 1982, and see whether she can make any progress in bringing greater reason, with an obvious national economic benefit, into this area. Having said that, I am glad that at least this timely step forward is being taken in regularising the sales of liquor in the National Concert Hall and I wish the National Concert Hall, its company and managers and all those who work in it, as well as those who perform in it, every possible success.

It is, I suppose, ironic to be paying tribute to the National Concert Hall in the context of an intoxicating liquor Bill. The National Concert Hall has been a success story since its founding in September 1981 and it is important the House realises the measure of success, and quantifies that measure, in its seating capacity over the past year or so. Of the close on 1,300 seats there has been an average capacity of 60 per cent, which is very, very high, given the economic situation, and an average of some 20 to 22 concerts are held there per month making a total of some 240 per year. Any law we can pass here which will enable such success to continue is certainly to be applauded.

The reason for the success of the National Concert Hall lies in the fact that it has shown a great degree of flexibility in the type of events the board of management allows to be staged there. Initially the intention was that it would just stage classical concerts and international artistes of a very high standard. They rapidly realised, however, that to stay a viable proposition it was necessary to move into the area of exhibitions and conferences and, indeed, even fashion shows. Be that as it may, the National Concert Hall is now regarded as a forum, a focal point for art and culture generally and, if I might make a suggestion, a suggestion those responsible could use to maximum advantage, the fact is everyone realises—I say this in the presence of the Minister of State with responsibility for art and culture—that one facet of our life is under sad neglect at the moment, either inadvertently or by virtue of the fact that no one quite knows what to do about it. I refer to the decline in our national language. The lamentable figure is only 4 per cent having a knowledge of Irish. I would appeal to the National Concert Hall to use their good offices to stage more Irish concerts and to hold debates in Irish. If it becomes the case that a more bilingual approach can be staged to greater success, then let us have it. It is most important that, having the imprimatur of everyone in the Houses of the Oireachtas, they use that. Having our full support they in turn could offer some practical programme in promoting the language.

I would also point out that the example one can take in Dublin in theatre and in concert would be shows staged in the RDS. Now the audience mix attending classical concerts in the RDS have in the main been a similar mix. It is very desirable that people should attend these concerts but it has been that singular mix and one could, perhaps, say that classical music is the province of a particular section in our society. There has been an exclusivity afforded to a section of our society. Given the fact that in recent years we have had some great composers—to name just one, Seán O'Riada—it is marvellous to note that the audience mix in the National Concert Hall has been very different from the exclusivity or age grouping found at concerts staged previously at other venues.

Far from that being the case now very many young people are attending classical concerts in the National Concert Hall. They come from every strata and that augurs well for the future, remembering we will have a society with a great deal more leisure time in which to develop art and culture. Two years on, the National Concert Hall stands there with a responsibility to the people, and the Minister of State is quite right in what she said. Regrettably the Bill has to be couched in the context of the existing law relating to the sale of alcohol. I agree in the main with what Deputy Kelly said. It is regrettable that we as a nation have to be confined to a particular drinking clock which results in a stampede at a particular time. That is an immature and totally wrong attitude towards alcohol. Unfortunately, the situation is that the Minister has to work within the framework of existing legislation. Having said that, I applaud the introduction of this Bill.

First of all, I commend those who manage the National Concert Hall for the way in which they have established themselves. It has been suggested there may be a cultural elitism on the part of those who attend but that cannot be blamed on those responsible for managing the concert hall. I do not agree with Deputy G. Brady. There may well be a better mix of people attending but within some hundred of yards of the National Concert Hall there are many flat complexes the inhabitants of which would not dream of going to the National Concert Hall. I know that because I represent most of them. However, the National Concert Hall is not just a concert hall. It is a national hall and it is going beyond a certain amount of elitism or catering for a certain section of the community. What has been done actually has been very positive and commendable.

I take this opportunity to suggest that perhaps in developing our culture and in providing a national cultural platform the members of the community who have not had the advantages which would lead them to appreciate some facets of our culture should be considered. Instead of keeping the hall for an élite few, the opportunity should be given to others to enjoy that culture which was previously confined to the bow tie brigade, with their ideas of what our culture is all about. I have a particular interest in music and the theatre, an amateur interest. Everyone should have had an opportunity to enjoy the performances which have taken place in the National Concert Hall since its opening, and a thought might be given to expanding the variety of performances there.

How national is the concert hall and how Dublin? Who does it encourage? There are parts of the city, some not far from the concert hall, where because of the lack of facilities and of cultural activities there is a particularly high crime rate. There have been areas, particularly in my constituency, where the Garda, until recent action by the residents, could not walk through certain complexes because of the level of crime. The situation reminds me of the words from the Gilbert and Sullivan operetta The Pirates of Penzance:

When a felon's not engaged in his employment or maturing his felonious little plan, his capacity for innocent enjoyment is just the same as any honest man.

That excerpt should commend itself to the management of our National Concert Hall. Every effort should be made to ensure that its entertainment can be enjoyed by a wide variety of people.

The licence being given by the Minister is a new departure from our licensing laws and is very welcome. However, should we not extend this licence to other concert halls? What is so exclusive about the National Concert Hall that people attending there shall have entitlement to drink at certain times while those attending other concert halls and theatres in the city do not have the same right? There are other concert halls which, as far as I can see, would meet all the criteria of the National Concert Hall, except for an absence of bow ties. I wonder why the Minister, in introducing this welcome legislation, is not extending it to include other concert halls.

The intoxicating liquor dimension of this Bill quite rightly belongs to my colleague, the Minister of State at the Department of Justice, but the cultural and artistic aspects come under my aegis. It is only right that I should make some minor contribution. I do so to recommend the concert hall to you, a Leas-Cheann Comhairle, and my fellow Deputies as an excellent place to repair to after difficult days of affairs of State or of processing constituency clinics. If I were to remain rigidly and strictly in accordance with the rules of the House, as I saw happen when Deputy Kelly was making his contribution, I would have to recommend the National Concert Hall on this occasion because of the facility of its bar. However, that would be very unfair to the hall and to what is taking place there.

Many have paid tribute to the hall during the course of this debate for the type and variety of presentations there. In no more emphatic way could that be done than simply by recording a number of items on the programme for this month of November 1983. We have had already the European Community——

Is the Deputy advertising or just——

No, I am just recording what is happening in the hall. People who attend there may now have their enjoyment of these excellent programmes embellished with the social drink for which we are legislating today.

The hall has presented already this month the European Community Youth Jazz Orchestra with the RTE Symphony Concert Orchestra; James Galway; the German Bach Soloists; the RTE Concert Orchestra on its own and Courtney Kenny.

We will have the RTE Symphony Orchestra, and coming on next Saturday and Sunday Stephane Grappelli, one of the great artists in his particular field makes a return visit. On Monday there will be the USSR Symphony Orchestra. Following that will be the RTE Symphony Orchestra, the Vienna Boys Choir and Charles Lynch with the Cork Youth Orchestra. There will be our Lady's Choral Society with Bernadette Greevy and Virginia Kerr, and then Dame Janet Baker and Vanya Milanova. That is only some of what is taking place in the one month of November. It just happens to be the month in which this legislation is being introduced, but it is typical of the variety of world entertainment offered to us on our doorstep.

It should also be pointed out that, in-addition to that it is the permanent home of the RTE Symphony and Concert Orchestras and provides facilities for 100 musicians and a permanent studio with full recording facilities.

The National Concert Hall was established in 1981 with the principal object of providing a prestige centre, a concert hall for the promotion of concerts and recitals of musical works of artistic, educational and cultural value. It has very much lived up to all expectations of the people who worked for it at that time. As Deputy Kelly earlier did, I should also pay tribute to the Minister of the period, Richie Ryan, who was to a great extent responsible for the concert hall.

It also has had the remarkable success of which we heard mention earlier. The attendance figures show a 75 per cent seat occupancy despite the recession and the competition and the inevitable minority appeal of some of the programmes there. Indeed, as anyone going there will see, it is one of the few places in Dublin with decent, healthy queues extending up into Earlsfort Terrace — something like what we were used to seeing in Dublin in the great days of the theatre.

The standing of the concert hall is undoubtedly such as to warrant the provision of the usual range of refreshments, including alcohol — as is being discussed here. In addition to these functions, the hall is also available for hire for conferences, with are a substantial source of revenue.

Debate adjourned.
Sitting suspended at 1.30 p.m. and resumed at 2.30 p.m.

Mr. Leonard

I should like the permission of the Chair to raise on the Adjournment the question of the drainage of the Fane River.

I will communicate with the Deputy.

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