Section 40 of the Intoxicating Liquor Act 1988 makes provision for the issue of age cards to persons who have attained the age of 18 years and who are therefore legally entitled to purchase and to consume alcohol in licensed premises. Detailed arrangements for the age card scheme are set out in the Intoxicating Liquor Act 1988 (Age Card) Regulations 1999.
This voluntary age card scheme, which is operated by the Garda, is designed to assist licence holders to comply with legislative provisions relating to under-age drinking by providing evidence of age where a doubt exists. As an incentive towards greater use of the scheme, the Intoxicating Liquor Act 2000 provides that in any proceedings against a licence holder for the sale of alcohol to an under-age person, it shall be a defence for the defendant to prove that an age card was looked for and was produced by the person in respect of whom the charge is brought. Serious penalties, including temporary closure of licensed premises, can result where a licenceholder is convicted of the offence of selling intoxicating liquor to an under age person.
In the context of the sharp increase in alcohol consumption by young people in recent years, I have given consideration to the possibility of making the age card compulsory for certain age groups when purchasing intoxicating liquor. However, certain practical difficulties arise in this context. For example, it would be unreasonable to expect young tourists and visitors to this country to apply for the card. An alternative approach would be to require all young people within a defined age category to carry some proof of age in licensed premises. The aim would be to improve compliance with and enforcement of the law in relation to under age consumption of alcohol.
At present, I am considering how best to proceed in regard to this matter. As I mentioned earlier, I am waiting for the report of the Commission on Liquor Licensing which I will have within a fortnight. Deputies can be assured that, in that context, I will take steps to bring forward a system which will be effective in combating under age drinking.
One of the difficulties with which we have to contend is that there is nothing wrong with a person aged 16 years of age spending all day and all night in a pub up to closing time. There is nothing illegal about it. There is nothing illegal in them being served Club orange if the publican is happy to have them there. There is nothing wrong with an 18 year old boy or girl bringing their 16 year old girlfriend or boyfriend into a public house and having a drink with them, as long as alcohol is not served to the under age minor. That clearly is a somewhat impractical state of affairs, certainly in regard to night time drinking. I am not against the notion of families going into pubs for soup and sandwiches, during the day especially, as that is part of our social fabric, but it does become a bit ridiculous if gardaí go into a licensed premises and find under age people there, whereupon they have to work out who is drinking alcopops and who is drinking minerals.