Liquor Licensing Laws

Dáil Éireann Debate, Tuesday - 12 June 2012

Tuesday, 12 June 2012

Ceisteanna (415)

Caoimhghín Ó Caoláin

Ceist:

511 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice and Equality further to Parliamentary Question No. 79 of 8 May 2012, if his attention has been drawn to the fact that many groups working to address alcohol related harm have concerns regarding the use of a statutory code of practice under section 17 of the Civil Law (Miscellaneous) Provisions Act 2011, particularly their concern regarding the lack of access to information and capacity to challenge licence renewals in the courts; and if he will make a statement on the matter. [28369/12]

Freagraí scríofa

Minister for Justice and Equality (Deputy Alan Shatter)

The position is that section 17 of the Civil Law (Miscellaneous Provisions) Act 2011 provides for the adoption of codes of practice for the purpose of setting standards for the display, sale, supply, advertising, promotion or marketing of intoxicating liquor. Subsection (9) of that section states that failure on the part of a licensee to observe any provision of such a code shall not of itself render the licensee liable to any civil or criminal proceedings but such failure shall be considered as relating to the good character of the licensee for the purposes of renewal of the licensee's licence under the Courts (No. 2) Act 1986. Under the latter Act, the grounds on which objection to renewal of a licence permitting the sale of intoxicating liquor may be made include the good character of the licensee and the peaceable and orderly manner in which the licensed premises were conducted in the year ending on the expiry of the licence.