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Dáil Éireann díospóireacht -
Wednesday, 3 Oct 2001

Vol. 541 No. 2

Written Answers. - Liquor Licensing.

Brian O'Shea

Ceist:

107 Mr. O'Shea asked the Minister for Justice, Equality and Law Reform if he has received the report of the Commission on Liquor Licensing; if he will implement the recommendations of the commission; and if he will make a statement on the matter. [22016/01]

Denis Naughten

Ceist:

950 Mr. Naughten asked the Minister for Justice, Equality and Law Reform the status of the report of the Commission on Liquor Licensing; the plans he has to change the legislation governing the control of off-licences; and if he will make a statement on the matter. [22378/01]

I propose to take Questions Nos. 107 and 950 together.

The Intoxicating Liquor Act, 2000, which I introduced and which came into effect on 6 July 2000, made provision for significant and far-reaching reforms of the State's liquor licensing laws. With a view to continuing the important work of reforming the liquor licensing code, which reaches back to the early part of the nineteenth century, I established the Commission on Liquor Licensing in November 2000 under the chairmanship of Mr. Gordon Holmes.

The terms of reference of the commission are as follows: first, to review the liquor licensing system in the light of all relevant factors, including systems for the licensing of alcohol in other countries, and to make recommendations for a liquor licensing system geared to meeting the needs of consumers, in a competitive market environment, while taking due account of the social, health and economic interests of a modern society. Second, in particular, to review the scope for a system of additional licences; to examine demand in areas that are under-pubbed, new areas of increasing population and tourist areas; and to examine other aspects of the licensing system, such as licences for theatres and places of public entertainment, the licensing of residential accommodation which does not come under the definition of an hotel, interpretative centres and other places where the sale of alcohol is ancillary to the main business carried out. Third, to examine the nature of the off-licence and particularly the method of access to the off-licensed trade in the interests of promoting better competition. Fourth, to inquire into other aspects of the licensing code, as may be appropriate. Fifth, to make recommendations for any necessary legislative changes to give effect to the recommendations put forward and, sixth, to submit a report within three months of the first meeting on paragraph 3 of its terms of reference and a final report within two years of the first meeting on all other matters.
In line with these terms of reference, the commission presented an interim report on off-licensing to me in April this year. The report contains recommendations relating to dormant licences, under-age drinking, off-licensing and certain related matters. I subsequently obtained Government approval to publish the interim report. By way of response to the substance of the commission's recommendations, the Government noted my intention to bring forward proposals for legislation in relation to the off-licensed sector at the earliest opportunity. The preparatory work is at an early stage in my Department. This is not a simple task, however, given the complexity of existing legislation in this area – the commission itself refers in the interim report to "the morass of licensing laws".
As regards the recommendations not relating specifically to access to off-licences, the Government agreed that a co-ordinated response be developed by a high-level, inter-departmental working group of the Departments and agencies concerned. The working group presented its report at the end of June. I am happy to say that the Departments and agencies concerned have responded in a broadly positive and constructive way to the commission's recommendations and have indicated that they will be taking appropriate action to address them in due course. To underline the importance it attaches to the work of the Liquor Licensing Commission, the Government has requested the working group to present a progress report on all actions taken in response to the interim report's recommendations by 31 January 2002.
The Government has also requested the commission to produce and submit additional interim reports on issues which can be progressed in advance of the commission's final report at the end of 2002. I am pleased to say that the commission has responded positively to this request and I understand that a number of sub-committees have been established to look at specific areas within the liquor licensing code. The commission placed advertisements in national newspapers on 23 August last seeking submissions in relation to any aspect of the terms of reference and, in particular, to access to licences in urban and suburban centres of population; off-licence sales in convenience stores attached to garage forecourts; nightclubs, theatres and places of public entertainment and related public order issues; and registered clubs. I understand that the Commission is unable to say at present when further interim reports are likely to be ready for submission.
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