346. Dr. Upton asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the fact that off-licences are offering a take-away service for alcohol, to be paid for on delivery; the controls which apply to this activity; his plans to prevent this service; his views on the fact that underage drinkers may order alcohol through this service. [17403/06]

Minister for Justice, Equality and Law Reform (Mr. McDowell): The position is that section 31 of the Intoxicating Liquor Act 1988, as amended by the Intoxicating Liquor Acts of 2000 and 2003, provides for offences relating to the sale and delivery of intoxicating liquor to persons under the age of 18 years. Under section 31(2) of the 1988 Act, it is an offence for a licensee to sell or deliver, or permit any other person to sell or deliver, intoxicating liquor to any person for consumption off his or her licensed premises by a person under the age of 18 years in any place except with the explicit consent of the person’s parent or guardian in a private residence in which he or she is present either as of right or with permission.

The penalty for this offence is a fine of up to €1,270 for a first offence and up to €1,904 for a second or subsequent offence. Moreover, the Intoxicating Liquor Act 2000 provides for the mandatory temporary closure of licensed premises where a licensee is convicted of an offence under section 31 of the 1988 Act (up to 7 days for a first offence, or at least 7 and not more than 30 days for a second or subsequent offence). Under section 17(3) of the Intoxicating Liquor Act 2003, it is an offence for a licensee, with intent to evade the conditions of the licence, to take intoxicating liquor from the licensed premises for the purpose of its being sold on the account, or for the benefit or profit, of the licensee, or to permit any other person to do so. The penalty in this case is a fine of up to €1,500 for a first offence and up to €2,000 for a second or subsequent offence. Concerns in relation to specific premises should be brought to the attention of the Gardaí.