Dáil Éireann Debate, Tuesday - 30 March 2004
439 Mr. Healy-Rae asked the Minister for Justice, Equality and Law Reform the steps he intends to take to ensure that tourist entertainment being provided by hotels and pubs which include under age persons participating in Irish dancing, music and so on will be allowed on licensed premises after 9 p.m. which is a vital part of the tourist season in south Kerry; and if he will make a statement on the matter. [9867/04]
Amharc ar fhreagra440 Mr. Healy-Rae asked the Minister for Justice, Equality and Law Reform if he will ensure the relaxing of the law prohibiting under 18s in bars and hotels after 9 p.m. during the tourist season as it will otherwise have a detrimental effect on tourism; and if he will make a statement on the matter. [9868/04]
Amharc ar fhreagraI propose to take Questions Nos. 439 and 440 together.
Section 14 of the Intoxicating Liquor Act 2003, which substitutes a new section for section 34 of the Intoxicating Liquor Act 1988, generally prohibits persons under the age of 18 years from being in the bar of licensed premises. However, a licensee may permit a child, a person under the age of 15 years, to be in the bar if the child is accompanied by a parent or guardian, but not after 9 p.m. Likewise, a licensee may permit a person aged between 15 and 17 unaccompanied by a parent or guardian to be in the bar, but not after 9 p.m.
To cater for private functions, section 14 also provides that a licensee may allow a child accompanied by a parent or guardian, or a person aged between 15 and 17, to be in the bar after 9 p.m. on the occasion of a private function at which a substantial meal is served to persons attending the function.
The restrictions in section 14 of the 2003 Act do not apply to a son or daughter of the licensee, a person who resides in the licensed premises, a person who is passing through the bar solely for the purpose of entering or leaving another part of the premises, or a person who is employed in the licensed premises in accordance with section 38 of the Intoxicating Liquor Act 1988.
It is important to note that the restrictions set out in section 14 of the 2003 Act apply to the bar and not to other parts of licensed premises. This means that persons under the age of 18 years may be in parts of licensed premises other than the bar after 9 p.m. ‘Bar' is defined in the Act as any open bar or any part of licensed premises exclusively or mainly used for the sale and consumption of intoxicating liquor and includes any counter or barrier across which drink is or can be served to the public.
The restrictions set out in section 14 of the 2003 Act are in line with recommendations both of the commission on liquor licensing in its final report and the strategic task force on alcohol in its interim report. I have no proposals to amend these recently enacted provisions of the law.
