Dáil Éireann Debate, Tuesday - 18 December 2007
472 Deputy Deirdre Clune asked the Minister for Justice, Equality and Law Reform the measures in place to ensure the number of outlets that sell alcohol are reduced or prevented; and if he will make a statement on the matter. [35297/07]
Amharc ar fhreagraThe position is that the sale of alcohol by retail is subject to the premises having an appropriate licence issued by the Revenue Commissioners. In general, such licences will only be issued by the Revenue Commissioners following presentation of a certificate issued by the Circuit Court or the District Court, as the case may be.
Section 18 of the Intoxicating Liquor Act 2000 provides that an application for a certificate entitling the applicant to obtain a licence for the sale of alcohol from the Revenue Commissioners must be made to the Circuit Court in the case of a publican's licence or the District Court in the case of an off-licence. In either case, the Court may refuse to grant the necessary certificate on one or more of the following grounds: the character, misconduct or unfitness of the applicant; the unfitness or inconvenience of the new premises; the unsuitability of the premises for the needs of persons residing in the neighbourhood; or the adequacy of the existing number of licensed premises of the same character in the neighbourhood.
Notice of intention to apply for the certificate must be served on the Superintendent of the Garda Síochána within whose district the premises are located at least 21 days before the date of the hearing of the application. A notice of intention to apply for the certificate must also be published in a newspaper circulating in the place where the premises are located at least 21 days before the date of the hearing. The Superintendent of the Garda Síochána, any resident or owner of property in the surrounding area or any person who would be affected by the decision to grant a licence may then object on specified grounds in the Court to the grant of the certificate.
Moreover, section 18 of the 2000 Act also provides that the Court shall not grant the required certificate unless the holder of an existing licence will consent to its extinguishment if and when a new licence is granted to the applicant.
I should also point out that, in the case of off-licences, under the Planning and Development Regulations 2005, any change of retail use which will involve the sale of alcohol other than wine requires planning permission in addition to satisfying the conditions already referred to in section 18 of the Intoxicating Liquor Act 2000.
A licence to sell wine for consumption off the premises may be obtained by applying directly to the Revenue Commissioners. The Superintendent or Inspector of the Garda Síochána for the district in which the premises is located may object on specified grounds to the grant of such a licence.
The holder of a public music and singing licence, which is granted by the District Court, is entitled to apply to the Revenue Commissioners for a theatre licence. The holder of a theatre licence may sell alcohol to persons who have engaged or paid for seats for a performance in the theatre during the period beginning half an hour before the commencement of a performance and ending half an hour after termination of the performance. Different licensing arrangements apply to hotels and restaurants.
Licences to sell alcohol expire on 30 September each year and may be renewed subject to the good character of the licensee and the peaceable and orderly manner in which the licensed premises were conducted during the preceding year. The Superintendent of the Garda Síochána for the licensing area within which the premises are located or a member of the public may object to the renewal of any licence on either of these grounds at the annual licensing court of the District Court. In addition, any person may make an objection to the renewal of the licence where the District Court has made on order for redress under section 19 of the Intoxicating Liquor Act 2003 in relation to prohibited conduct under the Equal Status Act 2000.
The Government Legislation Programme published on 25 September provides for publication of a Sale of Alcohol Bill in 2008. This Bill will modernise and streamline the laws relating to the sale and consumption of alcohol by repealing the Licensing Acts 1833 to 2004, as well as the Registration of Clubs Acts 1904 to 2004, and replacing them with updated provisions more suited to modern conditions.
The proposed Bill will contain new provisions: requiring all planning authorities to address the regulation and control of the location of licensed premises in their development plans; providing for a uniform and streamlined District Court procedure that will apply to all applications for retail licences, including wine licences and theatre licences; requiring proof of planning permission and certification by a suitably qualified person of compliance with both planning conditions and fire safety standards to be presented to the District Court; extending the grounds on which the Gardaí may object to the grant of retail licences to include an undue risk of public nuisance or a threat to public order or safety; and clarifying the rights of members of the public to object to renewal of licences on stated grounds.
Furthermore, as I have already stated publicly, it is my intention to re-examine, as a matter of priority, the existing legislation on the sale and consumption of alcohol with a view to identifying any further changes in the law which may be necessary with a view to maintaining public order and ensuring public safety.
