The Licensing (Combating Drug Abuse) Act, 1997, provides an additional mechanism for the Garda to deal with drug abuse in public houses and nightclubs. Under section 4 of the Licensing (Combating Drug Abuse) Act, 1997, members of An Garda Síochána are empowered to caution and advise licensees-owners of premises where evidence is obtained that the premises are being used to facilitate the sale, supply and-or distribution of controlled drugs.
I am informed by the Garda authorities that no prosecution has been instituted for the period 1998 to date under the Act. However, cautions and warning notices, accompanied by advice from members of An Garda Síochána, have been used successfully in dealing with and alleviating the supply of drugs on licensed premises. On numerous occasions, the issue of a warning notice has had the effect of either causing a change of the licensee or the closure of the licensed premises. The Garda authorities have assured me that the situation is being monitored on an ongoing basis and that pro-active operations such as Operation Nightcap continue to gather evidence for prosecution.
Operation Nightcap which was set up in December 1997 is co-ordinated by the Garda National Drugs Unit and is designed to target the sale and distribution of controlled drugs in nightclubs and licensed premises. Since the start of Operation Nightcap, the number of persons charged and convicted is 113; the number of premises closed is seven and 50 warning notices were served.