[Oireachtas]
Dail Eireann debate. Written answer 349 - Liquor Licensing Laws [32129/11].
(02 Nov 2011)
349. Deputy Simon Harris asked the Minister for Justice and Equality the legal position regarding the consumption of alcohol at unlicensed commercial venues which charge patrons a cover charge but allow them to bring their own alcohol onto the premises; if he intends to introduce legislation in this area. [32129/11]
Minister for Justice and Equality (Deputy Alan Shatter): The Deputy will appreciate that I am not in a position as Minister for Justice and Equality to give legal advice in response to Parliamentary Questions. However, the following is by way of general information.
Provisions relating to the sale, supply and consumption of intoxicating liquor are set out in the Licensing Acts 1833 to 2011 and the Registration of Clubs Acts 1904 to 2008. The general position is that premises require a licence from the Revenue Commissioners under the Licensing Acts or, in the case of registered clubs, a certificate of registration from the District Court under the Registration of Clubs Acts, in order to engage in the sale and supply of intoxicating liquor and to permit consumption on the premises. Engaging in the sale or supply of intoxicating liquor without such a licence or certificate of registration, or permitting its consumption on the premises, is an offence.
As regards the consumption of intoxicating liquor in unlicensed venues, the position is that section 26 of the Intoxicating Liquor Act provides that a person shall not be in or consume intoxicating liquor in unlicensed drinking premises unless the person is an “excepted person”, i.e. a bona fide occupier of the premises, a member of his or her family, a resident or worker in the premises, or a bona fide guest of any such person. In this context, “unlicensed drinking premises” is defined as premises to which an on-licence is not attached, or are not the premises of a registered club, which are used or made available for the consumption of intoxicating liquor by persons resorting to them.
Section 26 of the 1962 Act also provides that the District Court, if satisfied on information given on oath by a member of the Gardaí not below the rank of inspector that there is reasonable ground for supposing that an offence under the section has been, is being or is about to be committed, may issue a search warrant in respect of premises concerned.
I should add that the Government Legislation Programme provides for publication of the Sale of Alcohol Bill in early 2012. This Bill will modernise the laws relating to the sale, supply and consumption of intoxicating liquor by repealing the Licensing Acts 1833 to 2010, as well as the Registration of Clubs Acts 1904 to 2008, and replacing them with streamlined and updated provisions.
Question No. 350 answered with Question No. 319.
Written Answers - Liquor Licensing Laws
Vol. 745 No. 2
Wednesday, 2 November 2011
