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JOINT COMMITTEE ON JUSTICE, EQUALITY, DEFENCE AND WOMEN’S RIGHTS díospóireacht -
Tuesday, 8 Apr 2003

Vol. 1 No. 20

Report of Commission on Liquor Licensing: Presentation.

I welcome Mr. Gordon Holmes, chairman of the Commission on Liquor Licensing, and Mr. Séamus Carroll, principal officer from the Department of Justice, Equality and Law Reform. I also welcome Deputy Ciaran Cuffe, who has joined us today at the committee.

The purpose of this meeting is to discuss the content of the final report of the Commission on Liquor Licensing. Abuse of alcohol by young people and enforcement measures to curb that abuse are the areas on which the committee has decided to focus in its new work programme. Publication of the report is timely in assisting the committee in its deliberations on legislative reforms which may be required to address the current situation. Members have been circulated with copies of the final and previous reports of the commission.

I invite Mr. Holmes to make a brief presentation on the salient points of the final report. Members will then have an opportunity to ask questions and engage in a general discussion with Mr. Holmes and Mr. Carroll. Is that agreed? Agreed.

I draw attention to the fact that while members of the committee enjoy absolute privilege, the same does not apply to our guests. Members are also reminded of the long-standing parliamentary practice to the effect that they should not comment on, criticise or make charges against a person outside the House or an official by name in such a way as to make him or her identifiable. I invite Mr. Holmes to make his presentation.

Mr. Gordon Holmes

The commission was appointed just over two years ago and was given specific terms of reference, to which it has had to adhere at all times. We were asked to produce a report on certain issues, particularly with regard to the nature of off-licences, and we were given a three-month period to do so. It was during this period that we realised the enormity of the problems we faced.

Our first step was to advertise for submissions in the national press. We received an enormous number of them and, having read them, we discovered that far from wanting an increase in the number of off-licences and helping competition matters, as our terms of reference suggested, the public thought there were already quite enough licensed premises in Ireland. They also suggested that the problems Ireland has experienced during the past ten years would not justify any marked increase. In dealing with that and reviewing the scope for the system of additional licences, which was a specific part of our appendix, we had a two-fold problem.

First was in the composition of the commission because it contained a large number of people from the trade. Many cynical people thought it would be extremely difficult to produce any reports on which the public would agree. Throughout our term, we attempted to consult as much as we could with the public and with Oireachtas Members. On two occasions, we wrote to the political parties and their leaders and offered to meet any of them who wished to meet us to hear their submissions or remarks and exchange views on the licensed trade in general. As a result, I met a number of people who are present at this meeting, including Deputy Ardagh who had just taken over the chair of the committee, and discussed the issues. We took what they said on board and, in many cases, the submissions and requests made to us are embodied in one or other of the four reports we produced.

Our first report had to be provided within three months and, under our terms of reference, was to deal with off-licences and access to additional off-licences, with competition as its principal theme. This proved difficult. We discovered the enormous body of opinion held by the public which highlighted, for those of us who did not know, that there was an enormous problem with regard to underage drinking. As the commission continued in its role, the problem was made more manifest to it.

We reflected this in our first report when we dealt with issues of underage drinking and found a number of problems that confronted us. Regardless of the way one looks at it, there are conflicting priorities for different Government Departments. However, that is in the order of things and I am not being critical. For example, the Department of Enterprise, Trade and Employment is interested in fair trade and competition, which, of necessity, involves an increase in outlets. On the other hand, the Department of Health and Children takes the exact opposite view, namely, that we already have too many off-licences.

It is reasonable to look at the past in this context. We are the third commission on liquor licensing, the first was established in 1925, since the formation of the State. It is interesting to note that the objective of the first commission was to reduce the number of liquor licences to one for every 400 people. It did not achieve that and neither have we, some 80 years later. The then commission introduced a system whereby people could sell licenses they were not using back to the State. However, not many people accepted that scheme because, by the time the 1902 Act came in, far too many licenses had been granted by the old Irish RMs at the end of the 19th century.

The 1925 commission faced the same problem of how many licenses there were, how many there should be and what should be done. The other peculiar thing about the licensed trade is that it is the restrictions imposed by the licensing Acts which have actually given rise to today's super-pubs. In areas of hugely increased population, such as Tallaght, Celbridge or Maynooth, people found it impossible to get new licences because, up to the passing of the 2000 Act, one could only get a license by extinguishing a licence in the immediate vicinity. If there were no licenses, which could be extinguished, for sale in the immediate vicinity, nobody could open a new licensed premises. This meant that areas where the population has multiplied several times had the same number of licenses. The owners of the existing licenses, being sound businessmen, made them bigger and bigger, leading to the super-pubs about which we are all complaining. It was brought about not because of the liberal licensing regime, but because of its narrowness and we are now paying the price. This is one of the big difficulties we encountered.

How does one cope with what has happened? The focus of this committee, from the chairperson's introduction, is looking at underage drinking and excessive binge drinking. They have been dealt with in several recommendations from the commission. We have gone into the issues deeply and found a number of problems in dealing with them such as the different agendas of various Government Departments. For example, a person can change from selling shoes to selling alcohol without getting planning permission because he or she is already dealing with retail goods. I was interested and disappointed to see that Dublin planning authorities are changing that because they are worried about what is happening in O'Connell Street. Unfortunately, however, the reason they are changing it has more to do with Anne Summers than the licensed trade. This has upset me somewhat and the commission views it as disappointing, considering our efforts in this area. We have always felt that for this to happen sent the wrong message to the public.

There has been a large number of other problems with which we have had to deal. Long before problems arose in Blackrock, we had highlighted efforts made by certain members of the licensed trade to encourage binge drinking. Some licensed premises would charge an entrance fee of €5, whereupon people could buy a drink for €1 less than its normal cost. One does not need to be a financial expert to realise that on one's sixth pint, one is in profit. If that is not an invitation to binge drinking, I do not know what is. We were against that and indicated that the Garda Síochána should object to the renewal of the licenses of publicans who indulged in such practices. We have made a number of efforts to deal with this question, but it is a difficult one with which to deal.

We also favour some more lurid advertising campaigns in dealing with it, but we have not received encouragement from Government Departments because they are reluctant to spend money on doing so. I met a number of student representatives who were all adamant that something akin to the unpleasant road traffic accident advertisements, which were, perhaps, a means of getting across to people how undignified and awful young people look when they are drunk, and more lurid images would take away the macho image that exists in respect of drinking.

There must be a concerted effort because, so far, they have just tinkered around on the edges of it. We will not change people's habits by having one or two fewer pubs. If there are ten pubs in an area and we reduce the number to eight, nobody can tell me that means one fifth of the drinking will stop - it will not. The eight pubs that remain will absorb the excess.

In our final report, we are attempting to introduce a small attempt to change people's attitudes. It will not change them overnight, but, if we can start to change the attitude and get support from bodies such as this committee, we may manage to do something about it. To date, the only thing that has been done about young people's drinking is to hold seminars and discuss it in general terms. What happens at the end of these? Nothing, people pass resolutions to say that it is a bad thing and it is forgotten about. It is time for us to look at the issue and see what can be done about it in practice.

We have made a number of small suggestions, but enforcement is a terrible problem. I did not realise that a garda, when entering a licensed premises for the purposes of enforcing the licensing laws, had to wear his uniform. One can imagine the difficulties in prosecuting people for under-age drinking if a garda appears outside the place with his uniform on. It is not a twenty-first century approach to the problem. I did not know that this was the law until quite recently. Others may have learned it in the past, although I suspect not. We learned a lot in dealing with these issues, of which there are a huge number. The important thing is that somebody sits down and tries to deal with them.

There has been quite enough talking about the related problems such as social difficulties. We have recommended that pubs close at the normal time on Thursdays. Why Thursdays? Because in third level institutions many people go home for the weekend so this is their last night in college during the week. Absenteeism on Fridays in third level institutions is so high that some of the presidents of universities have decreed that no important lectures take place on Friday mornings. This, again, came as a surprise to us and that is why we made the recommendation. I hope that each recommendation in our report has a more or less sensible reason behind it.

Although the members of the commission came from diverse backgrounds, in the end it functioned very well. I pay tribute to a number of people who helped very much in bringing that about. Many of the recommendations were unanimous and where people disagreed with them, it was often known from the beginning that they would so people knew where they stood. Many surprising people took a broad-minded view of the issues and dealt with them on that basis and for that I am very grateful.

I do not know whether the Chairman wanted me to go through the recommendations; it seems a rather thankless task to go through each of them and the reasons they were made. One or two, however, are of interest. One is that there should be a national alcohol policy. In fact, a policy was initiated in 1996, but nobody knew about it; certainly, very few people on the commission knew about it. I do not know why, but people in the Department itself did not know about it, nor did many Members of the Oireachtas. It turned out, when this was discussed in the commission, that the information that led to the policy was from 1990. One of the members of the commission had given evidence in 1990. It took six years to bring out the report and after that nothing happened. We have recommended that there be a national alcohol strategy and that all Government Departments subscribe to it. In this case the varied terms of reference of our commission, for example, should not be used because they would not necessarily conform with the national policy.

Another recommendation was that all our recommendations be prioritised. This is because every time an idea is introduced to the public - there have been many - everybody says it is a very good idea and then nothing happens. The most important thing about this issue is that somebody should do something about it quickly.

Are there questions on what I have said or on any of the recommendations? We have dealt with a huge number of issues: franchising, which is really theoretical and does not matter very much, jobs, which probably matter a lot more, advertising and many others.

I would like to hear more from the delegation with regard to the proposals. The commission has clearly identified that the agenda followed by each Department does not necessarily synchronise with that of the others and that there is a discrepancy in the common goal, which should be to reduce the amount of under-age drinking. I am sure the members would like to engage in discussion with Mr. Holmes, but we will move on to Mr. Carroll, who is a principal officer dealing with this area in the Department of Justice, Equality and Law Reform. After his presentation we will have some discussion with the members.

Mr. Carroll

I will confine myself to giving an indication of the procedure that is now in place. Four reports have been received, the final one as recently as last week. In launching the second report in the middle of last year, the Minister agreed with the recommendation of the commission that the entire intoxicating liquor code should be codified. As the Chairman said, this was first recommended as far back as 1925 and was recommended again by the commission that reported in 1957. It featured in a law reform programme tabled in 1962 and the current commission recommended codification in 2002. Clearly, there is an enormous challenge to bring together into one instrument aspects of the licensing code which are currently spread across perhaps 100 statutes, the earliest going back to the first part of the nineteenth century. We refer to the Acts as the Licensing Acts 1833 to 2000.

The codification will have two aspects: bringing together the statutes into a single instrument is one, but the other is to reform the law to take account of the recommendations of the commission and the strategic task force established by the Minister for Health and Children on a recommendation from the commission. The reform will take account of recommendations from both sources. In the meantime, the Minister has already announced a Bill in the short-term in response to urgent recommendations made by the commission last December in a report on admission and service in licensed premises. In that report, the commission recommended the strengthening of provisions in relation to drunkenness and disorderly conduct in licensed premises. The Minister has already announced his intention to respond to these with a Bill. Since the commission's report was submitted last week, work has been undertaken to expand that package to accommodate its urgent recommendations. This work is under way. The Minister's intention is to bring forward a package of urgent measures in the short-term while leaving other reforms to the codification exercise, which is also under way but will take longer.

I was anxious to ask my questions because unfortunately I have to leave relatively early, although it is not that I do not want to pay full tribute to Mr. Holmes and the commission, who have done an excellent job. I am sure it was a tough job to produce three interim reports and a final report on an issue that has obviously bedevilled the country. Any two people one speaks to will give different opinions on virtually every aspect of liquor licensing.

Overall, I agree that the recommendations are a model of good sense and they are also practical. I am certainly in favour of the vast majority of what was presented to us today. The biggest problem we face is implementation and enforcement of the recommendations. There is much legislation currently before the Houses that is very pertinent to these recommendations, such as the private security service legislation, which has been around for more than two years and is still hanging around the Dáil, and the public order enforcement legislation, which has been around for 18 months. These are relevant because of the vast number of public order offences taking place which are connected to alcohol. We saw the dramatic figures the Minister released last week in this area. There are no obstacles here and we would facilitate their completion very quickly if the Minister was to get them moving as quickly as possible.

Enforcement is the second point. There is a lot of material on the Statute Book at present that is not being properly enforced. The standard argument put forward by the National Youth Federation and other youth and student bodies is that they do not want mandatory ID cards because they do not see existing legislation being used effectively by the proprietors of licensed premises. Mayo seems to be the only county where the law operates to prosecute publicans who break the law. If we do not prosecute those who own the licensed premises and who supply and sell the product to people who are already drunk or to minors, what is the sense in having the law at all?

That law must also be implemented in regard to off-licences. There was an earlier recommendation of a ministerial order on the traceability of all cans and bottles sold through off licences. Prior legislation - I am not sure whether from 1998 or 2000 - makes provision for a ministerial order to provide a traceability factor on all units sold in off licences. That ministerial order has never been signed into law. Again, it is a question of implementation and enforcement. I listened to Mr. Carroll talk about the Minister's intent in urgently bringing forward a package of proposals and then, shortly after that, putting forward a codification of the law but I have to take this with a grain of salt. I will believe it when I see it. I have lost faith in the current Minister implementing the law or showing any sense of urgency in getting legislation through, as distinct from going to the media and promising us what he is going to do and then doing nothing.

I would thus throw a little drop of cold water on the likelihood of getting immediate action. I hope I am proven wrong but all of indications so far are that I am not. Let us hope that is dealt with, and perhaps Mr. Carroll might relay my views back to the Minister. I am sure he will. If he does introduce the legislation, I am sure we will be more than anxious to facilitate him because it is a matter of major concern.

I will mention just a couple of other things because we could talk about this for a very long time. The idea of creating additional licences is good but I would like Mr. Holmes to elaborate a little more as to what he talking about. The Minister seems to have grabbed and run with the idea and given us the idea that he is going to create a café-type society throughout the country on the continental model. I thought the recommendations were that where there is a burgeoning population and areas with few pubs, new licences would be created but for a maximum floor space so that the pubs would be restricted to a smaller number of customers. The Minister seems to have launched into a great visionary idea of a continental, Left Bank-style café society being suddenly created by this proposal. I would like confirmation as to what exactly is meant by the proposal, as distinct from the Minister's PR people going to the media and saying what he would like to do.

In relation to the prohibition of deliveries to persons under the age of 18 provided for in section 60, we have a phenomenon, which is increasing in Dublin in particular, called the dial-a-can service, whereby people can dial the local off licence for a take-away in the same way that they would dial their local Chinese. The problem with this is that the alcohol very often gets into the hands of minors. While Mr. Carroll goes into a lot of detail in explaining how the Department is going to regulate distance sales and deliveries, the problem, again, is how to enforce it. Consider the individuals who deliver the pizza, the Chinese take-away, the six-pack of beer, bottle of vodka or whatever to a house. Is the young delivery person who is probably not getting that much money likely to check the age of the person who opens the door? It is a very difficult one to cover. It may be necessary to ban that type of sale entirely and ensure that somebody would have to come up to the off licence and produce identification because nobody will ask for identification when they are at a doorstep and looking for their money, which is all they will be looking for. I would like to know how Mr. Carroll expects that to be policed and enforced.

In relation to advertising, marketing and sales, the Department of Health and Children has produced framework legislation that would allow for a lot of regulations to be implemented, dealing in particular with the targeting of young people. Mr. Holmes talked about the false nature of such advertising, which encourages binge drinking and so on. Does he envisage framework legislation that would allow for a regulatory process to be introduced as occasion would require, modelled somewhat on what has already been drawn up in health legislation?

My final question relates to the alleged discrimination against travellers by the licensing trade. In the past, the Equality Authority has made very strong recommendations, as have Pavee Point and so on, that investigation of these complaints be dealt with, not through the District Courts but remain a matter for the Equality Authority. I would like the opinion of the chairman of the Commission on Liquor Licensing on whether the District Courts are the proper medium or whether it should be left with the Equality Authority.

Would Deputy Costello like a reply on that now or does he wish to continue——

Mr. Holmes

Looking at Deputy Costello I think he would.

I would. My sincere apologies but I have to leave shortly.

Mr. Holmes

I do not propose to discuss the question of the speed with which the Minister is likely to respond because that would drift into the realms of the political. We were at great pains on the commission not to do that. We wrote to all of the political parties to meet us and so on. We did not single anybody out. The very last recommendation we made pointed out that we wanted our recommendations to be prioritised and carried into effect with the impatience that is necessary in the circumstances. Irrespective of whether Deputy Costello's fears are valid, at least we also highlighted the need to be impatient in dealing with this. We are agreed on this.

I will deal with the other issues. Deputy Costello also asked me about the café-type society. The worst aspect of our inheritance from England is our licensing laws, including closing up time, drinking up time, etc. from which we have never got away. Opening a few continental café type premises in Tallaght or somewhere with a large population would not resolve everything but there has never been an attempt to change the attitude of the Irish drinker. Everything we do is based on what was happening in Ireland in 1922, including our licensing laws. England is changing considerably. This is a small attempt to start Ireland on a more continental approach to drink. It would not answer many questions in the beginning but it would be a start. No start has been made up to now and if it worked well, smaller premises would be good for many occasions. This is aimed at new entrants to the trade. Therefore, they would not be joining any large cartel and I hope prices would be keener. They would be under much better supervision. We have laid down a limitation of size.

I hope there will be the commencement of a slight change in Irish people's attitude to drink. That is the intention. This may sound very optimistic but we have got to start somewhere. It is my opinion and that of the commission that we have done nothing over the past ten years to deal with the problem. This is a tiny attempt to start a new attitude. If this was done in tandem with the advertising measures mentioned, including taking the macho element out of being drunk on Friday and Saturday nights, we might start to get somewhere. Until we do this, we will get nowhere, which we all acknowledge has been the case until now. That is the type of café society we want.

I recognise the problem with regard to distance sales. Part of the purpose of the recommendation is to flag it. On the question of how we would enforce it, I share the reservations of Deputy Costello but do not see what we can do. There are 101 reasons we cannot prohibit off-licence staff delivering to people's houses. It is not a major problem now but could become one in the future and the Deputy is right to highlight it. I do not know how it could be monitored but it is important that it be placed on the Statute Book that an offence is committed. Somebody would be discovered breaking it at some time. It must be remembered that a young person will have to have the cash to pay for whatever is ordered. I share the Deputy's misgivings about how effective it would be but if we do not flag it, it would be worse on our side. I have no confidence that it would be effective but at least we would have put down a marker to deal with it.

The Deputy mentioned, in particular, the dial-a-can phenomenon and other aspects which should be looked at. I would have no objection to banning them in their entirety but it is difficult to phrase the manner in which they should be banned, no matter how we go about it.

The Deputy asked about advertising. It is true to say that since the commission was formed, there have been considerable changes in advertising. I do not believe they have gone far enough as yet but there has been a move in the right direction. The trade which had feared attack either from us or the task force created on foot of a recommendation from us started to deal with this and two things happened. First, it set up the organisation, MEAS, to deal with drink matters generally. I understand the European Council is taking various steps to limit it. Second, it also set up a screening mechanism whereby all advertisements have to be passed through the screening committee before they are allowed to be published. It has the advantage, therefore, in that every advertisement goes through the screening committee which is independently chaired. This is very important. The committee does not consist of members of the trade. It checks the advertisement which finally goes to the advertising authority which has an overall function in this regard.

I have had a couple of meetings with the director of the advertising authority and he is very conscious of the commission's worries on advertising which must be kept under constant review. Perhaps when the new Bill is being drafted, a review procedure will be necessary from time to time. Otherwise, advertising will change and if it is intended to do one thing, it is to encourage drinking. We must never forget this. In so far as it is intended to encourage one brand as against another, that is the order of competition. In so far as it is intended to increase drinking, that is a slightly different matter which we have to examine carefully.

Deputy Costello mentioned discrimination, in dealing with which we experienced many problems, the most serious of which was that when a complaint was made against publicans, they tended to ignore them. We strongly recommend in the report that publicans should no longer ignore complaints made against them. We have specified that where complaints made are found to be completely spurious, thus putting the publican to the expense of defending the action, very often he or she has contributed to it by not co-operating with the various authorities in dealing with it, be it the Equality Authority or the enforcement authority.

Since we made our recommendation publicans have been co-operating to a far greater degree with the result that there have been far fewer cases brought by the authority. In other words, they are looking into cases, finding they are spurious and dropping them immediately. Very often cases were highlighted in the press and by the publicans' organisations to show that they should never have been brought but this was often contributed to by the fact that the publicans did not make their own case known when the complaint was made in the first place. They brought many of the misfortunes on themselves. That has now been corrected.

We had many complaints about the hearing of cases by the ODEI. They were not heard on the same basis as in the court. It must be remembered that those who conducted them did not have any legal qualifications. They were civil servants with no experience of dealing with such matters. While some were excellent, others were not so. Some cases were heard under the most unsatisfactory circumstances while others were given a fair and proper hearing.

When dealing with this issue, we did not make any recommendation. We laid down the options open to the Government in considering what would be the proper tribunal to hear cases. The District Court, which we have recommended should have authority in all other licensing matters, would be an appropriate forum in which to hold hearings. If we lose confidence in our legal system, we would be losing confidence in something fundamental to the State. I do not see any objection provided the person who claims discrimination is adequately advised and tended to by one of the organisations which exist for that purpose. It would be an equal playing field. While I share Deputy Costello's views, I expect and hope it would be done, in other words, that the authorities would embrace the case. If they did, it would go to a tribunal and at least they would meet each other on a proper and fair footing and somebody would not be discriminated against on such grounds.

I am happy to tell the committee that the number of allegations against publicans that have been admitted is way down since we made our original recommendations. This will have the effect of distinguishing the wheat from the chaff in that legitimate cases will now proceed while the spurious ones, where people are looking for money from the beginning, will not. We have already had the benefit. Time will tell whether fundamental changes will occur because it will take some months before the matter comes before the Dáil in any shape or form, and there will be more statistics available when that happens. At the time we dealt with it, we had a feeling of disquiet about it.

On the traceability of off-licence——

Mr. Holmes

We looked at that issue. There were a lot of objections. It is a matter that perhaps should be looked at again in the future. The evidence given to us was very unsatisfactory. One of the biggest difficulties about underage drinking is not so much the fact that the sale is made to underage people. There are too many such sales and every one is too much. However, there are many young people aged 18, 19 and 20 who buy alcohol for those younger than them and that is where the traceability problem arises. The younger person is found with the alcohol and the off-licensee is prosecuted. An off-licensee will often not know to whom he sold the alcohol, unless the traceability goes to those lengths. Then there is the problem that the licensee will say that he never sold to anybody underage and that is his policy, or the policy of the firm, etc. It is certainly something to which consideration could be given.

The major difficulty is that, in our experience, most alcohol consumed by young people is not bought by them. There is obviously a large percentage which is bought by them, but a very large percentage is not. That is why we have mentioned sanctions in the report. One of the peculiarities in this country is that if a 17 year old buys drink, there is no sanction whatever imposed on them. They go under the juvenile scheme and they are 18 before anything is done. There are no sanctions on their parents. These are aspects at which the committee must look. I am not suggesting that they should be criminalised or anything like that; far from it. However, there are aspects on which I am sure Members will have their own views when it comes to Committee Stage. I have heard every point the Deputy made and I am not in complete disagreement with any of them, but all I would like the committee to know is that we considered them.

I welcome Mr. Gordon Holmes and Mr. Seamus Carroll and I welcome the discussion on the final report of the Commission on Liquor Licensing. They stated earlier that the bottom line is that we must change attitudes. I will later talk about my own work with young people before I was elected to the Dáil.

We all accept that alcohol abuse is a major problem, but I do not go along with the school of thought that everything will be resolved by legislation or reports. Basically, we all - parents, teachers, legislators and young people - have a responsibility. There must be collective responsibility to try to resolve this issue.

This is a major health issue. It has lead to major anti-social problems and violence. We have seen the economic cost of alcohol abuse. It was estimated in 1999 that the economic cost of alcohol abuse and related violence on employment and on hospital resources was €2.37 billion. These are issues at which we must look.

The Commission on Liquor Licensing reported widespread concern about underage drinking and related violence. Has the Commission done any serious research on the question of male aggression, other than in the context of the use of alcohol?

There is also the issue of the influence of parents on children. Many people feel that a high percentage of parents have lost control of their young teenagers who are then becoming involved in anti-social activities and underage drinking. Has any detailed analysis been done on this issue?

I again highlight the issue of male aggression. We often turn our back on this issue by saying that they were involved in underage drinking, but there must be something radically wrong in such cases and serious analysis should be carried out on male aggression. What brought this home to me is that I am aware of a school in a disadvantaged area where if there is no football in the yard, the amount of violence increases by 60% and that is without the presence of alcohol.

Two years ago, while on holidays in France with my wife and two daughters, I was sitting on a beach on Bastille night. Suddenly, 10,000 people came on to the beach to watch a fireworks display. I immediately went into defensive mode, standing up when all these teenagers came to sit around us. However, I noted that none of them were carrying beer cans or being aggressive. My wife and two daughters were totally relaxed and I was totally relaxed. I could not believe it. It immediately struck me that this could not happen in Dublin or in Britain. There is obviously some aspect of the French culture, which takes hold at an early age, where there is a respect for alcohol and an attitude to it from which we can learn. The Commission on Liquor Licensing and the committee should learn from this.

I mentioned the serious issues related to alcohol abuse and I want to highlight some of the main points. Per capita consumption rose by 41% in the decade 1989 to 1999. Irish teenagers are among the highest ranking in Europe for all measures of alcohol consumption. Alcohol is the primary cause of 33% of fatal road accidents and 40% of all road collisions. It is, therefore, evident that, in the broader community, alcohol is the issue, but I stress that these are not all young people. There are also people in their 30s and 40s involved. We must look at that. We must not concentrate or become obsessed with the view that younger people are solely responsible. We, the over 40s, also have major questions to answer regarding our relationship with alcohol. We must look at the ethos of moderate alcohol consumption and how to enjoy alcohol.

I am against the recommendation of the Commission on Liquor Licensing that all licensing issues be dealt with by the District Courts because I have strong concerns about it. I support the Travellers' organisation and the Travellers' rights groups, which have major concerns with this proposal. They will feel very intimidated by it. People change their lifestyles to avoid situations where they will be embarrassed and refused service. I feel that many people who are excluded will be made feel more excluded. When Traveller organisations were lobbying for these laws, it was not unusual for Travellers to say that they would never see the law and it would make no difference because no one would believe them in any event. Travellers will now say that just because the law is working, it was taken away from them. I have major concerns about that.

In 1995, the task force on the Travelling community noted that the District Court system is not the appropriate institution for hearing cases in the non-employment area of discrimination and stated that the process in the District Court is too slow, too intimidating and too closely linked to criminal prosecutions. It stated that the District Court does not have officers of specific expertise to deal with this new area of case work and that this has been the experience in Britain, where the Commission for Racial Equality has recommended that the county court jurisdiction for non-employment cases should go. These genuine concerns are mentioned by the Travellers' rights groups and we must look seriously at them.

On the commission's report, I disagree with the idea of blaming the liberal approach to licensing hours. I have an open mind on this, but my gut reaction is to disagree with it, particularly when the report talks about Thursday night syndrome. People have said that 20 or 30 years ago students went home on Fridays. From my own college days, I know that this was the reality of life if people were going away for the weekend or trying to link up with their family or friends, but one should not associate the extensions on Thursday night with this practice. The bottom line is that it is about people being able to enjoy alcohol.

I find that if pubs close at 11.30 p.m. on Thursdays, there will still be the same 60 or 70 people around the bar at 11.25 p.m. buying three or four extra drinks and this concerns me. When we introduced the liberal licensing laws, I thought I noticed people in my circle slow down and begin to sip and enjoy their drinks rather than rush three or four drinks by 11.25 p.m. in order to buy another before closing time at 11.30 p.m. I have major concerns, therefore, about this section on the hours of trading.

I agree that we must help young people, but we must also be cognisant of our behaviour; adults must lead by example. I strongly support some of the measures regarding children and young people in Chapter 11 of the commission's report, but early intervention is the key to teaching children and young people about alcohol, drug and solvent abuse. One must intervene early. I worked as a teacher for 20 years in the inner city and found that the damage was already done by the time children came to me in fifth and six class. One must intervene early with the right programmes.

There are some excellent personal developments programmes in the primary schools such as SPHE. However, if one talks to any of the kids who get violently drunk on a Friday night, one will find it is usually because their self-esteem is so low. They are usually depressed about some issue, have a major problem or things are so bad that they just want a buzz in their lives. If we do not tackle those issues at an early age, in the broader context of the schools and relationships with parents, one cannot expect children from dysfunctional violent families not to go out on Friday nights to get cans to blot it out of their minds. We must help those kids when they are four, five and six years of age.

There are projects which are an example of good practice. Breaking the Cycle in the primary school system is a classic in this regard. Some 33 poor schools got extra resources to target the junior infants and four and five year olds.

There are valuable policies in this. The report states that 70% of juvenile offences were directly related to alcohol, which is true. However, the report also states that 83% of violence against juveniles comes from non-alcohol related issues. What is causing the extra violence? Those are my concerns.

I welcome the report on liquor licensing. I have some concerns but I welcome most of the report.

Mr. Holmes

Can I answer some of the queries?

I was going to go to some other members.

Mr. Holmes

I will have completely forgotten the questions.

It is probably fairer to other Deputies.

I welcome Mr. Holmes and Mr. Carroll to the committee and I welcome the report. In ten years we could be sitting here with another report so I hope some of the points raised today will be implemented to some effect. Our drinking habits and the effects of those habits have become worse in the past ten years. Unless something is done to arrest that we will be in a sorry state in ten years' time.

Regarding the opening hours I am confused. I can be either very conservative or liberal. I can be conservative and agree that we should bring back earlier closing on a Thursday night or seek to extend that right to open later through the week. Since we extended opening hours the level of anti-social behaviour and public disorder has increased. Was any research done on that? Can we say categorically that extending the opening hours has led to more public disorder? Looking at the figures provided, the comparisons between 2000 and 2001 show an increase in public disorder. There has been excessive anti-social behaviour and public order offences, some of which are very serious crimes. As Deputy McGrath said, some of these crimes have involved aggression, leading to death. We did not have to put up with that ten years ago. Have the late opening hours led to that? Should we roll back those opening hours?

On the other hand I could be very liberal and ask if we should leave pubs open all night as happens on the continent. We would not have people piling out on to the streets at the same time, which leads to violence. I lean to the conservative, however. Because of our drinking habits, if we left pubs open all night many people would stay in them all night. I just returned from Spain and as Members will know, the café bars work. People go in and have some tapas and a drink before moving on. One does not see people drunk or the level of violence one has here. The culture of drinking here does not lead me to suggest leaving the pubs open all night because the worst would occur.

Superpubs are a huge nuisance in residential areas. The level of noise and behaviour of customers makes them very anti-social. Also, the report states that the trading hours are putting a huge strain on Garda and hospital resources, so this is a very broad issue.

Regarding traceability, the Intoxicating Liquor Act includes a regulation which requires off-licence proprietors to put the name of the licensee on bags, bottles and cans sold from off-licence premises. That has not been enforced, though it should be. We know it is not always the under age person who buys the drink but if a garda meets an under age person with drink on his or her person, if the name of the licensee is on the bottle there is some traceability and the licensee must account for how the under age person got the drink.

The pricing of soft and alcoholic drinks must be tackled, though I do not know if that is mentioned in the report. It can be as cheap to have an alcoholic drink as a soft drink in a bar. I support action in this area, whether this could be tackled through reducing VAT on soft drinks or increasing the price of alcoholic drinks.

We must focus on the responsibilities of parents. The report did not come down hard enough on that. Parents must be held responsible for their children's actions, either vandalism or injuring other people. Parents must be more responsible. In saying that, as Deputy McGrath said, it is not just our young people who are at fault. It is a culture in Ireland that both young and old drink to excess, though we are focusing on the problem with younger people.

One of the problems for some of our people, up to their 30s, is that they do not play enough sports. That is because we do not have facilities. When we had a smaller population children in schools got involved in various clubs at a young age; that does not exist now to the same extent. If we do not get young children involved in sports and other activities we lose them. The only social outlet they have then is the pub.

I welcome the recommendations but this is a huge area with much to be tackled. This is about enforcing the laws we have. Many people feel our laws are not enforced and we have become a lawless society. One example is that pedestrians for instance do not obey the traffic lights - the worst example is at the bottom of Kildare Street. We are a lawless society because we do not enforce our laws.

I commend the commission and chairman on their trojan work on their reports. I was delighted to see the future model being discussed and the concerns about the emergence of the superpub culture. As a resident of Temple Bar in the past I saw a small neighbourhood shattered by the arrival of the superpub. The humanity, security and charm disappeared as the profit motive took over. The irony of the superpub is, as the Chairman pointed out, that it was not brought about by the free market but by what I would describe as a cartel. There was a stranglehold of regulation, which meant that anybody who held a licence had to maximise its potential and pull out the old interiors in order to double, treble or quadruple the size of the pub. Such pubs are the Foggy Dew, the Norseman and the Temple Bar. I watched and cried as I saw this happen over a brief period of less than ten years.

The cartel needs to be broken up. I was delighted to see the recommendation of the Commission on Liquor Licensing on smaller pubs of less than 130 sq m. We need a change. The café and small-scale pub need to be promoted. The nature of drinking has changed completely with the arrival of the superpub. The television or music blaring in such pubs is miles apart from the small-scale pub. I may be called old fashioned but believe in the fine art of conversation and being able to hear what my friends are saying. The music and television mean that it is not possible to hear what others are saying and the only thing one can do is drink or watch the television, which is not good.

The Deputy is getting old.

That is happening, too. I consider myself liberal. I welcome the recommendations.

I disagree with Senator Terry on the issue of opening hours. It is more important to change our behaviour than to regulate for it. We talked about under age drinking and the abuse of drink. I was struck by the example of a pub mentioned in the Dublin suburb of Blackrock. When I think of that pub, I think of a place only 100 yards away - a public swimming pool that has been closed for 20 years. If we have concern for our young people, we should be investing in such amenities. We should ensure young people at the age of 16, 17 or 18 years have the possibility of going for a swim with their mates or a cup of coffee as opposed to going into what must be a dozen different pubs lining the main street in Blackrock. When I hear mention of under age drinking, I think of the amenities we should be providing for younger people.

I have two questions about advertising and health warnings for Mr. Holmes. I note that he did not call for a total ban on advertising of alcohol. Did this come up for discussion? On the day of the all-Ireland hurling final it is not possible to look at our national flag without seeing an advertisement for an alcohol brand. The pervasiveness of alcohol advertising obviously has an influence. It would not be advertised if it did not have an influence, particularly on our younger people. My party believes in a total ban on the advertising of alcohol. We would also like to see some health warning on alcohol products for sale as can be seen in the United States. Did some members of the Commission on Liquor Licensing go as far as we did in looking for a total ban on advertising and a health warning on alcohol products?

Before I ask Mr. Holmes and Mr. Carroll to summarise and respond to the very valuable contributions, I would like to make my own comments. Drugs are a problem. We often think of illegal drugs but the legal ones cause far greater difficulties, particularly for young people who engage in under age drinking. The addiction counselling centres which used to provide for and take into their care more middle-aged people now note a change in the age profile. Those in care in the large addiction rehabilitation centres are now largely teenagers and people in their 20s, which speaks volumes for the indiscriminate drinking that takes place.

When I was growing up, I clearly remember advertisements on television which used the slogan: "If you drink, don't drive". Perhaps I am not watching television as often as I should but these seem to have disappeared. From today's discussion, it is obvious that we must market the idea that people can socialise and enjoy life and the company of their friends without indulging excessively in alcohol. As Mr. Holmes rightly points out, this idea needs the co-operation of all Departments in order to move forward with the proposals he has identified. We also need to stress that alcohol can be enjoyed at a moderate level. Although we live in an age of publicity and marketing, I do not see much advertising on this.

While alcohol companies capitalise on publicity, I believe very strongly that alcohol companies should have no part to play in our sporting culture, particularly in the sponsoring of shirts worn by young people in junior games, nor should they be involved in the all-Ireland finals where it is criminal to have alcohol companies advertise as they do across the field at half time. No doubt the commission has considered the advertising element.

In the near future the Minister for Justice, Equality and Law Reform may propose a greater role for local authorities in licensing hours. The Minister has often compared the legislation on the licensing hours for Temple Bar and Templemore. What is the position of the commission on this? Does it believe this would be a positive proposal?

Mr. Holmes

If I omit anything, please realise I am not trying to avoid the issue but I might not have noted it down properly. In answer to the point raised by Deputy McGrath, oddly enough I had the exact same experience in France during Bastille Day and seeing an enormous crowd on the beach and absolutely perfect behaviour from all of the young people. There was a huge crowd of many thousands. I noted it at the time and have discussed it in my own family. My children were with me and they were much younger then. My experience was exactly the same. I noted how well behaved they were and there was no aggression or anything like it.

Some members mentioned the role of parents and parental control, a matter we have dealt with twice in the report. For example, we say: "The importance of parental example and guidance cannot be underestimated when dealing with abuse of alcohol by children and young persons." At a later stage in the report we suggest it might be possible to penalise in some way parents and make them answerable, an issue raised by one of the members. We deal with this at a later stage in the report. We do not have any recommendation in respect of it because some of the issues involve penalties on young people and we did not know enough and did not have enough expertise available to us to determine whether that was a good idea or whether it should be dealt with under the under 18 scheme as is happening. However, we have suggested it be referred to one of the children's organisations for clarification.

There is no doubt that the absence of facilities like football affects people and brings out aggression in them. While that does not really come within our terms of reference, it is a very important matter. There is absolutely no doubt that the absence of sports facilities has a major effect on what happens among our young people. Somewhat to our dismay, very often the celebration of football successes by some of what one would have thought were our better schools - though I wonder whether they are entitled to be so-called - involves filling cups with drinks that young people should not drink. There is absolutely no doubt about this. It is surely a reprehensible habit that triumph at sport should be celebrated in this way by the very schools with people who should know better. That is happening.

With regard to the use of the District Court for various matters, including discriminatory matters, there are a couple of points that need to be made. We did not make a recommendation to that effect - we merely laid out the options. We were very conscious of the problems it had created. At the time we dealt with it, there were huge problems in the conduct of appeals by the ODEI and we had a series of disquieting case studies before us. Those cases led us to believe there was so much divergence between the individuals dealing with them that we would prefer to have them dealt with in a court, though recognising the problems it created. We did not make a recommendation; we merely put it down as one of the options that are open.

I also point out that the licensed trade is much more co-operative in responding now. Even if the Commission has done nothing else, in that part of our report, we have, at least, achieved that. On a separate point, none of the licensed vintners' organisations has a code of practice at the moment. That is very wrong. Obviously, they should have some sort of incident book whereby it could be established whether an incident took place, in the event of such a complaint. They do not have that. I pointed that out to the LVA when I addressed that organisation a year ago. A year later, they are discussing it. The LVA is an erudite and responsible organisation and should have a code of practice which would deal with many of the issues which have been raised with us.

On the question of Thursday nights, our problem was that we had evidence from a number of third level institutions of absence by students on Friday mornings. I will deal with the question of hours, to which a few members of the committee referred. The commission was set up at the end of 2000, the year in which the Act was passed unanimously without a vote. As the hours had been specified by an Act of the Oireachtas, I considered - and said so in our first report - that it would be presumptuous on the part of a commission appointed under the Act to comment, within months of the Act coming into force, on what the Oireachtas had done unanimously a very short time previously. As a two year period went by, we untied ourselves somewhat from that position, no longer considering ourselves hidebound by what the Oireachtas had done. That did not stop us from making a recommendation at this stage. There is a great deal of other legislation to come before the Oireachtas in the near future on public order offences, which we will have to consider.

It was the absenteeism on Fridays, just as much as what happens on the streets, that led us to make that recommendation. Many young people's lives are being ruined. People who could become competent doctors, lawyers, architects or engineers just drop out of college as a result of it. We just have to put down a marker. The matter should be looked at again. I know many people are unhappy about the hours. We have statistics on the increase in offences since the Act came into being. I fully agree with trying to reach people as early as possible. How is one to do that? How does one recognise the symptoms? Parental control is, obviously, a factor. There must be a greater role for parents. We suggested parent-teacher meetings as a better way of dealing with the situation. However it is rather like the situation with church sermons - the people who should be listening are not there and the sermon is delivered to people who do not need it. Similarly, the careful parents of good children attend parent-teacher meetings and the others do not. That is one of the problems. I agree completely with the Deputy's comments. If he can he tell me how to get parents to honour their responsibilities better, I will be delighted to include it in the report. It presents a problem and we have done what we can to deal with it. Certainly, failure to provide sporting facilities for children is a very serious issue.

The facts are that there were 14,687 incidents of intoxication in public places in the year 2000 and, in 2001, that increased to 17,800. Incidents of disorderly conduct in public places increased by 600, from 2,300 to 2,900. Incidents of threatening or abusive behaviour increased from 14,200 to 15,700. In response to the question as to whether we carried out research, we looked at the situation very carefully and the results are evident. I have dealt with the questions raised about hours and statistics. On the question of a change of culture, which I regard as the most important factor of all, I do not agree that increasing the price of drink will help matters. It will not change people's attitudes. One must change attitudes in some way. I am all in favour of a hard hitting advertising campaign and trying to take away the macho image of drink. Parental and school assistance can be a great help. We have to prioritise matters and act quickly.

We did not regard price as coming within our terms of reference. However, in the 1996 document on alcohol policy, there was a proposal to refer the high cost of soft drinks in licensed premises to the Competition Authority. I recently had occasion to buy a soft drink and a pint and I was quite horrified by the relative price of the soft drink. That situation did not come within our terms of reference but it should be examined by somebody. I hope our idea of a smaller type of unit will bring greater competition to the market in that respect.

I referred earlier to leading sporting schools, which should know better, celebrating in the wrong way. I have outlined the statistics available to us. The issue of traceability needs to be considered, as does the question of health warnings on bottles generally. We also noted new drinks such as Smirnoff ice, which is now available on draft. One can buy Smirnoff ice in a pint and then add Smirnoff to it. It is freely available and lovely glasses are provided for it. Having taken a few slugs, one can add another Smirnoff, as young people are doing to a great extent. Since there is no labelling, the person drinking this product does not know the alcohol content. Should Red Bull be allowed to be sold as a mixture? Should products with a high caffeine content be sold for mixing with vodka or whatever? That is a health issue with which we did not feel capable of dealing. However, the task force which was set up to deal with such issues should address that.

There are many issues of that nature and parents should be much more aware of their duties. The question of penalties is a matter for consideration - we did not make any recommendations in that regard. I was glad to hear the comments of Deputy Cuffe, with whom I also had an earlier discussion. In the case of those who contacted us, as the Deputy did, in response to our letters to political parties, I tried to meet them to discuss the issue. We have suggested the introduction of a new café type of pub, somewhat in line with the continental image rather than the English pub image. Incidentally, Britain is about to introduce 24 hour opening, with the idea that people will find their own level. I have worries as to whether Irish people would find their own level and I am not impressed by statistics which apply in Sweden or elsewhere, which have absolutely no application to what happens in Ireland. The reason we did not go further into that issue is that the trade unions will not wear it. Perhaps it would be followed by some sort of blood-bath, after which it might find its own level. However, it would take a very brave commission to recommend it in the current climate and there would be strong opposition from many quarters.

Advertising will always remain an issue and will always present a problem no matter what is done. I have indicated the safeguards that have come into place during the life of the commission and, just by being there, the commission has had a beneficial effect on advertising.

It must be very annoying to go to sporting locations to find that the various drinks companies are everywhere. The committee should bear in mind when considering the recommendation that pleasant gentlemen in Luxembourg have limited in the past what governments can do in the field of advertising. Even attempts to curb tobacco advertising have not been universally successful although they would have the approval of all Members in the Dáil and of other parliaments. One has to be careful of what one is doing.

We did not properly consider this. We laid down markers for what should and should not be done and have had discussions with the director of the Advertising Authority and indicated to him what was said to us. There is much that is not said or is hinted at in our report that has actually been done to try to curb the problems with which everybody is dealing. Whether drink should have a health warning is a matter we have suggested should be dealt with by the task force, because it is a health issue.

The chairman also raised the issue of local authorities, a subject which I thought would arise. We have given local authorities a role in the hours of trading. They were not given a complete role because it must always remain the prerogative of the courts to adjudicate on such matters. However, we have given them a very persuasive role, though that is only the case if they act formally and officially. They must pass a resolution curbing the hours in an area. If they do that, that fact is put before a court. The courts will mostly agree to allowing opening on a special occasion, for example, St. Patrick's eve, but the word of the local authority would be taken on board in dealing with such matters.

We have recommended giving to local authorities an authority they have not had up to now. The ability to consult is one of the recommendations to have come out of this. We have done our best to cover what is a very wide topic. I got great help from other members and the staff of the commission. I met a number of the Deputy Cuffe's colleagues and we were available to meet all of them over the two years. Some came to see us and we visited others. The end product is an attempt to take on board most points. Deputy Cuffe mentioned the smaller unit to me when we met, did he not?

Mr. Holmes

So the Deputy can take some pride or blame for it.

Mr. Carroll

The chairman of the commission has addressed most if not all of the points raised. With regard to Senator Terry's point on traceability, section 17 of the 2000 Act provides that the name of the owner and the address of premises to which an on-licence or off-licence is attached shall be clearly indicated on a label affixed to any container in which intoxicating liquor is sold for consumption off the premises. This is because every on-licence is also an off-licence. This would mean that every bottle, can and container in every pub, off-licence or supermarket would have to be separately labelled. There are clear logistical difficulties attached to this in terms of the distribution system and packaging. A product that might be bought as a six-pack would have to be disassembled, stamped and reassembled. There is a logistical dimension to this and it has to be weighed up against its utility.

The Department of Justice, Equality and Law Reform has consulted the industry and the Garda in trying to weigh up the pros and cons. The Garda has stated that it would be difficult to base prosecutions on possession of a container because, as the chairman said, it could have been purchased by a person who was eligible to buy it before it was passed on to a younger person or somebody else. It was not brought into force in 2000 with the other parts because of the need to balance these aspects. While the issue has not been finally decided, the Department has been made aware by the industry and the Garda of the pros and cons of this proposal.

I thank Mr. Holmes, the chairman of the commission, and Mr. Carroll, the principal from the Department. I have no doubt we will meet again in the near future to consider this very important subject.

The joint committee adjourned at 6.45 p.m. until 5.15 p.m. on Tuesday, 15 April 2003.
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