I move: "That the Bill be now read a Second Time."
The Bill marks an important milestone in the Government's approach to the reform and modernisation of our licensing laws. It is the most comprehensive package of reform measures introduced to the Oireachtas on this issue. It has benefited from sound and productive debate in the Seanad, where it was initiated, and I look forward to further debate in this House.
The Bill is wide-ranging and progressive in that it introduces a system of permitted hours in line with public expectation and demand and on terms which are economically and socially acceptable. It does away with decades-old restrictive legislation governing access to the market without undermining the economic basis which obtains for the holders of licences. It introduces innovative, workable and strict penalties against those who engage in the criminally irresponsible practice of selling or supplying intoxicating liquor to under age persons. It also introduces complementary and, in certain cases, much needed reform of the law as it pertains to registered clubs. I am sure most people would agree that the package of measures provided for in the Bill is progressive and responsive to modern needs.
The gestation period for the Bill has been long. I prefer to think it reflects a solid process of consultation, reflection and determination to deal with the issues. Anyone who knows the licensing laws knows they are labyrinthine in their complexity. It is also the case that everyone has a view on them and that these are widely differing and strongly held. I am sure this will be borne out by the debate. I expect there will be many contributions, all of them worthy and reflective of the personal and political views of Deputies on a subject which excites sometimes passionate views. It was important to me that, because of that interest, I take the time to canvass widely for views before I put forward my policy proposals to the Government. I can safely say that, in developing the proposals in the Bill, I have interpreted the public mood correctly as far as what is demanded by way of change is concerned and, more importantly, what changes will work and gain acceptance across many different strata and interests.
I do not claim that what I propose will fully satisfy every member of the drinking and non-drinking public, every publican, restaurateur or other licence holder or every Member. There will be some who will consider that I have not gone far enough, as there will be some who will hold the view that I have gone too far. I am convinced that the proposals in the Bill represent the best possible deal for all in that they strike a fair balance among the many different interest groups, be they groups representing the licensed trade, such as publicans, hoteliers, restaurateurs, night club operators or off-licence holders, or groups in society, not least the consumer and responsible parents concerned about the negative consequences of under age drinking.
The process of examination and change to the licensing laws, especially as far as the licensing system is concerned, does not end with this Bill. I recognise more remains to be done. For this reason I will shortly establish a commission on licensing. Following the publication of the Bill and its passage through the Oireachtas, there will be a clearer picture of the new law and, consequently, it will be possible to establish a clearer remit for the commission. The commission will review the scope for a system of additional licences in the context of the new law in this area. It will examine the nature of the off-licence and other forms of licence and it will seek to establish what premises might benefit from licences and how such premises might be licensed. This will be achieved in a programmed and coherent way, consistent with public expectations and the common good. The commission will be a representative one whose membership will include Departments, representatives of the trade and of consumers and other interests. The details are being progressed following on the Government's approval in principle for the establishment of the commission.
I pay tribute, as I have done consistently, to the Oireachtas joint sub-committee which undertook a study of the licensing laws and whose report represented an informed basis for my detailed policy examination of this area. I have taken many of its recommendations on board in the Bill and I was grateful for the informed view it offered me of cross-party thought on reform of the law. I acknowledge the interim report of the Competition Authority and the many submissions I received from interest groups and members of the public.
I am sure Deputies will agree it is no exaggeration that almost every provision in the Bill is of importance and of effect on persons in varying degrees, depending on whether they are licensees of one class or another or customers. There is, therefore, much to inform the House on the Bill, but I will be as brief as possible.
Part 1 contains standard provisions dealing with the Short Title, collective citation, construction and commencement and defining some of the terms used in the Bill. As far as commencement is concerned, it is my hope, as I am sure it is the hope of the House, that the main provisions of the Bill will be brought into effect as quickly as possible on enactment so that the benefits of extended hours, for example, can be enjoyed for the coming summer. Part 2, containing sections 3 to 14, deals with the general question of hours of opening of licensed premises and registered clubs.
Section 3 provides for the abolition of the distinction between summer time and winter time so that licensed premises will be permitted to remain open from 10.30 a.m. to 11.30 p.m. on Mondays, Tuesdays and Wednesdays and from 10.30 a.m. to 12.30 a.m. of the following days, on Thursdays, Fridays and Saturdays. Sunday opening will be from 12.30 p.m. to 11 p.m. This means that Sunday closing between 2 p.m. and 4 p.m. is also abolished. There is no change to Sunday night closing time and Christmas Day, except in the case of limited opening for hotels and restaurants, and Good Friday will continue to be days on which there are no permitted hours. On St. Patrick's Day, no matter on what day this falls, opening times will be between 12.30 p.m. and 12.30 a.m. on the following day. On 23 December, if it falls on a Sunday, opening will be permitted between 10.30 a.m. and 11.30 p.m. On Christmas Eve and the eve of Good Friday opening hours will be between 10.30 a.m. and 11.30 p.m. and on the eve of any public holiday premises may remain open until 12.30 a.m. on the following day. Thirty minutes drinking up time will also be permitted on all days.
These changes are progressive. They introduce trading hours which reflect the changed pattern in drinking habits without applying a free for all, as would be the case if the Government had opted to provide for 24 hour opening of licensed premises. I am sure most Deputies agree there is no demand for 24 hour opening. No set of closing times will suit the needs and expectations of every individual. My view was that if I had to place a time limit on closing, it should satisfy the greatest number. That is what I have done. The package of permitted hours put forward in the Bill represents the greatest level of consensus, not just from within the trade and among customers but also from within the House.
Section 4 introduces important changes to the law relating to premises engaged in a mixture of retail activity, licensed and non-licensed. Under existing legislation, the hours of trading of supermarkets, including small independent supermarkets and convenience stores, are regulated, not just in respect of alcoholic products but also in respect of other products which constitute the bulk of the trade of those outlets, for example, groceries. This means that premises which engage in mixed trading are restricted with regard to the hours during which their non-licensed business may be carried out. The Bill, as amended, provides that premises which engage in mixed trading will be permitted to open at any time to engage in their business of selling groceries and other non-alcoholic products.
I am also providing for a certain relaxation with regard to the hours during which licensed trade can be carried out in these premises. Those premises will be permitted to open for the sale of intoxicating liquor at 8 a.m. to 10.30 a.m. on weekdays and on a Sunday which falls on 23 or 24 December. This is a consumer friendly change which greatly enhances the opportunities of supermarkets and other retail outlets. The change is a response to representations made by IBEC on the matter.
Section 5 is an important section for nightclub and disco operators. It changes the law as it applies to special exemptions. These are granted by the District Court and permit the sale of intoxicating liquor on special occasions in licensed premises after normal closing time. The section abolishes the need to provide a meal as a condition of an exemption in the case of a special occasion, which is a dance, held in a ballroom licensed under the Public Dance Halls Act, 1935, as well as the requirement that a premises be a hotel or restaurant. It also removes the restriction on the granting of a special exemption for any time on a Sunday, that is, after midnight on Saturday night and after normal closing time on a Sunday evening. It retains, however, the restriction on special exemptions for Monday morning beyond 1 a.m., except on a Monday morning that is a public holiday. The special exemption orders will be granted in normal circumstances to 2.30 a.m. unless the court considers it expedient for stated reasons to grant an exemption for a shorter period.
The special exemption order, together with the dance hall licence, is the means by which a nightclub operates. Many customers in a nightclub do not frequent it to partake in a meal. The main activity is dancing to music and socialising. It is widely accepted that the meal requirement under the law as it stands makes little sense in those circumstances and should be abolished. The need to provide a meal in respect of a special event organised for the entertainment of the members of a particular association, organisation or other such group or on the occasion of a private function remains on the basis that a meal forms a part of such events in the first place.
It has been brought to my attention that public dance licences may in some cases permit dancing until 1 a.m. or 1.30 a.m. only. This could give rise to a situation where a licensed premises with an exemption order to 2.30 a.m. may have to end the dancing before the end of the exemption. That would not make sense. The solution in section 5 is that where a special exemption order is in force the dance licence will be deemed to be a licence which will permit dancing for a period beyond the period of the special exemption. This will have the effect of ensuring that the status quo remains in relation to dancing and extended opening hours and that future situations will not be created where there may be an anomaly between the dance licence and the special exemption, or where the dance licence might serve to limit the time to which a special exemption might be granted.
This section further provides that the number of special exemption orders which may be sought in respect of a day of general or local festivity is being increased from six to 12. This change in the law will serve to benefit local areas where there are dances being held in conjunction with a local festival. Section 5 also introduces a requirement that the grant of the special exemption order will not cause undue inconvenience to persons residing in the vicinity of a premises. This is a new requirement and one which is useful and necessary. It means the court will act as the guardian of the rights of local residents and be in a position to protect local residents where the late opening of a licensed premises might not be appropriate.
Section 6 provides for an exemption to the permitted hours where alcohol is served in a hotel or restaurant. It extends permitted hours in these circumstances by one hour over and above the time in which these premises may lawfully sell intoxicating liquor, provided it is supplied with a meal. However, the section does not overly restrict where the liquor should be consumed or when it should be paid for. This should provide restaurants and hotels and their patrons with a certain flexibility, while ensuring the premises will not be used for the purpose of obtaining after-hours drinks only. To ensure conformity in the law, I am also providing for a similar provision in relation to clubs registered under the Registration of Clubs Acts. Section 7, in effect, applies the hours contained in section 3 to clubs registered under the Registration of Clubs Acts, 1904 to 1999. Clubs will also benefit from the type of exemption allowed in respect of hotels and restaurants in section 6.
Section 8 permits drinking-up time of 30 minutes after a period of a special exemption, in respect of licensed premises, or a registered club, following a club authorisation. This means that in cases where a special exemption has been granted to 2.30 a.m., for example, customers will no longer be forced to stop drinking at that time, but will be given adequate time to finish their drinks in an orderly manner.
I am providing in section 9 for a small change in relation to area exemption orders. These are granted for special events such as local festivals, outside the Dublin county borough. At present, such orders cannot be granted for more than nine days in any one year in respect of a locality. The section provides for an increase, from nine to 12, in the number of days for which licensed premises may seek area exemption orders and it allows such orders to be sought for a range of periods, lasting two, three, four, five or more days.
In section 10, I am removing the prohibition on the grant of an occasional licence on a Sunday. Occasional licences are granted to a licensee by the District Court in respect of an unlicensed premises for a particular event. Many festivals, shows or exhibitions are held over a weekend, and it has been represented to me that the relaxation of this prohibition will greatly benefit such activities. Persons who attend such an event over a weekend will now be able to enjoy a drink on Sunday as well as on Saturday.
Section 11 amends the period for which a general exemption order may be granted. It is a technical amendment which follows as a consequence of the amendment of permitted hours in section 3. Section 12 extends to restaurants which hold a special restaurant licence, namely, a full drinks facility, the revised permitted hours available to all other licensed premises under section 3. It also extends permitted hours by one hour over and above the time in which these premises may lawfully sell intoxicating liquor, provided it is supplied with a meal.
Part 3, by way of sections 13 and 14, contains important provisions regarding under-age persons. These will be by way of amendments or additions to provisions in the Intoxicating Liquor Act, 1988. The main curbs provided for in that Act are that under section 33 it is an offence for any person under 18 years of age to purchase alcohol, whether in an on-licence or off-licence, or to consume it in any place other than a private residence. Under section 32, it is an offence for any person to purchase alcohol for consumption by a person under 18 years in any place other than a private residence. Under section 31, it is an offence for a licence holder to sell or deliver alcohol to a person under 18 years or to permit consumption of drink by or the supply of drink to those under 18. Under section 37, intoxicating liquor in the possession of under 18s in any place other than a private residence may be seized by the Garda. Under section 34, persons under 15 years are not allowed into the bar of a licensed premises unless accompanied by a parent or guardian. Under section 35, a person under 18 years is allowed in the part of licensed premises where an extension under a special exemption order is in force—