Written Answers. - Liquor Licensing Laws.
Willie Penrose
Ceist:
160
Mr. Penrose
asked the
Minister for Justice, Equality and Law Reform
if it is intended to introduce legislation that will require persons between 18 and 25 to have proof of age in order to be present in pubs after a certain hour; his proposals to allow local authorities to fix different opening hours in their areas; and if he will make a statement on the matter.
[12790/03]
The current position is that 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 is a voluntary age card scheme and it is operated by the gardaí in order to assist licence holders to comply with legislative provisions relating to under-age consumption of intoxicating liquor 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 sought and was produced by the person in respect of whom the charge is brought.
In the context of the sharp increase in alcohol consumption by young people in recent years, consideration has been given to the possibility of making the age card compulsory for certain age groups when purchasing 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 Garda card. An alternative approach, which I favour, 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 assist licensees to comply with the licensing laws and the gardaí in enforcing them.
In the coming weeks, I will be bringing a draft intoxicating liquor bill to Government in response to certain urgent recommendations of the Commission on Liquor Licensing. It will contain provisions designed to combat under-age and excessive consumption of alcohol, including a requirement that young people within a defined age group carry an evidence of age document on licensed premises. Pending publication and enactment of this legislation, I would urge the licensed trade to demand production of proof of age whenever there is doubt regarding a young person's age.
As regards a possible future role for local authorities under the licensing laws, the Commission on Liquor Licensing recommended in its final report that it be given a role in determining the duration of special exemption orders in their respective areas. Specifically, it recommended that where, following consultation with relevant local interests including the gardaí, a local authority formally adopts a resolution concerning the duration of special exemption orders, the district court shall have regard to the content of the resolution in granting such orders. I intend to give effect to this recommendation in the Bill to which I have already referred. I should add that the commission did not recommend that local authorities be given a decisive role in determining the normal opening hours.
