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Seanad Éireann díospóireacht -
Tuesday, 19 Dec 1995

Vol. 145 No. 16

Intoxicating Liquor Bill, 1995: Committee and Final Stages.

Sections 1 to 3, inclusive, agreed to.
SECTION 4.
Question proposed: "That section 4 stand part of the Bill."

Will the Minister give me the definition of "a substantial meal"?

My understanding of a substantial meal is that it would consist of something like chicken and chips. I am not sure that the section defines a substantial meal because what is a substantial meal to the Senator might only be a snack for somebody else. Essentially it refers to a plate of salad or a hot meal; a small sandwich accompanied by a slice of tomato would not be considered a substantial meal.

That is not acceptable. If one has a full restaurant licence the menu would offer a few courses including starter, main course and dessert. The main course would be the substantial meal. Chicken and chips would not be a substantial meal. It was not considered a substantial meal in the courts when I was seeking a licence. There must be a main course. However, some places which run functions do not offer a wafer, let alone a meal. The Minister would have the support of the House——

Is this referred to in section 4?

I am talking about the word "substantial" in section 4.

Acting Chairman

That is not in the Bill.

It is in section 13 of the 1927 Intoxicating Liquor Act, as amended is the section I am discussing. I can also speak about it under section 3 (b).

Acting Chairman

It is not relevant to this Bill.

It is very relevant.

Acting Chairman

Not on this Stage.

Can the Chair advise me when I can mention this?

Acting Chairman

It is not relevant to this section.

It is ironic that this should happen. In 1988 when I sought to raise the same point it was also fudged.

Acting Chairman

It is not in the Bill. We are only dealing with opening on the eve of Christmas Eve and Christmas Eve. There is nothing in the Bill about substantial meals.

The Senator is talking about the main Bills.

When can I bring it up?

Acting Chairman

In your concluding remarks or on another appropriate occasion.

Will the Chairman advise me when I can raise it?

Acting Chairman

I will.

On a point of clarification, a substantial meal was defined in the 1962 Act.

Acting Chairman

We are not discussing substantial meals; we are discussing opening hours.

It was defined as a meal costing at least £2.

Question put and agreed to.
Sections 5 to 7, inclusive, agreed to.
Title agreed to.
Bill put through Committee, reported without amendment and received for final consideration.
Question proposed: "That the Bill do now pass."

There is a provision in the 1988 Act to prevent liquor being displayed openly in supermarkets. It must be contained in an enclosed area and under the control of a senior member of staff but this regulation awaits the Minister's signature.

As it awaited the signature of other Ministers.

I agree with the points made by Senator Sherlock on under age drinking. The vast majority of publicans are parents and exercise the same consideration for other people's children as they do for their own. There are three sources of supply for under age drinkers. It is well known in some towns that certain pubs specialise in this trade and somebody should take action on this.

Acting Chairman

You may only briefly comment on the Bill.

We are talking about the health of the nation.

Acting Chairman

This Bill deals only with providing for the same opening hours as week days on Christmas Eve and 23 December in any year that either day falls on a Sunday.

You have interpreted the Bill correctly, but it will affect young people and I am trying to rectify this. A mix of customers acts as a prohibition on young people drinking in certain areas. The main source of supply for them is unsupervised discos. I agree with Senator Sherlock; we share the same values. Methods exist to deal with this problem.

I agree with Senator Howard with regard to responsible publicans who operate their businesses properly. He put his finger on the problem by identifying unauthorised discos and pubs. This does not apply to most hotel discos in the midlands as they are confined to those over 21 years of age. Will the Minister give a directive at an early stage that there cannot be extensions without the charge of £2 set in 1962 being indexed linked to bring it up to its equivalent value today? Providing free after hours opening, and advertising this, is making a laughing stock of the regulations under which 90 to 95 per cent of publicans have to run their businesses.

I warmly welcome the Bill. It will allow people to socialise, have a few drinks and go home early on Christmas Eve. When deciding on applications for exemptions, most courts demand that menus be produced so that they can see what food is served. The legislation should ensure menus are provided. If people have meals during functions on 23 December for which special exemptions have been granted, there is less chance of them overindulging in intoxicating liquor. This is the reason for the provision with regard to meals and it should be enforced. On Christmas Eve and during Christmas, while it is not provided for in the Bill——

Acting Chairman

Please confine yourself to what is contained in the Bill.

This point is relevant. The Garda Síochána have a difficult job in dealing with people who drive after consuming excess alcohol. Some effort could also be made by the Garda outside pubs and clubs to make sure people who have been drinking go home. There should be adequate supervision by the force in this regard.

Acting Chairman

This is not relevant to the Bill.

The Bill will be of help and I am glad the Minister could come to the House.

I thank Members for their contributions and you, Acting Chairman, for the latitude you have allowed. I will take up the issue raised by Senator Cassidy and others. In 1962 the price of a substantial meal was set at 50p. About ten years ago this was raised to £2. I understand that I can amend this to a higher price by regulation rather than by legislation and I will consider this immediately. I wish Members a happy Christmas and I hope they have an enjoyable afternoon meal, drink or time shopping on Christmas Eve. I wish Senator Lanigan well in his four generations meal.

Question put and agreed to.
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