Minister of State at the Department of Further and Higher Education, Research, Innovation and Science (Deputy Niall Collins): I move:

That Dáil Éireann resolves that the period of operation of sections 1 to 7 and 9 of the Civil Law (Miscellaneous Provisions) Act 2021 (No. 14 of 2021) be extended for a further period of six months, beginning on the 1st day of December, 2022 and ending on the 31st day of May, 2023.

I am here to introduce a resolution on behalf of the Minister for Justice, Deputy McEntee, to extend the sunset clause in the Civil Law (Miscellaneous Provisions) Act 2021. The extension of this Act will allow the hospitality sector to continue to provide the sale or supply of intoxicating liquor in outdoor seating areas.

Deputies will be aware that the Act was introduced in July 2021. The provisions of the Act were in place until 30 November 2021 and have already been extended on two occasions from November 21 until 31 May 2022 and from June to November 2022. Subsection 9(4) of the Act provides that the relevant provisions of the Act can be extended for up to six months at a time if a resolution approving its continuation has been passed by both Houses of the Oireachtas. On 25 October 2022, the Government agreed the extension of the Act for a further nine months.

The Government took this decision as there is an ongoing demand for the provisions, which allow businesses to provide clarity and certainty with regard to the law around outdoor dining services. Therefore, I am now bringing forward a proposal that the Act should continue in operation until 31 May 2023.

At the same meeting of Government on 25 October, the Minister, Deputy McEntee, was pleased to bring forward the general scheme of the sale of alcohol Bill, the aim of which is to radically reform, streamline and simplify the extremely outdated existing law relating to the sale and consumption of alcohol. The Bill would repeal the Licensing Acts 1833 to 2018, as well as the Registration of Clubs Acts 1904 to 2008, and replace them with provisions more suited to modern conditions. It is also the intention to repeal the Public Dance Halls Act 1935.

The need to reform and modernise licensing laws is because many years. Most recently, the Report of the Night-Time Economy Taskforce, published in September 2021, highlighted the inadequacies of the current system and how a modernised licensing system could contribute to revitalising the night-time economy. The sale of alcohol Bill will, among other initiatives, make long-term provision for outdoor dining. The relevant parts of the general scheme make provision for the amendment of references to licensed premises to include outdoor dining areas and the inclusion of a definition of outdoor dining. Once enacted, the sale of alcohol Bill will remove the need for the renewal of these specific provisions, which were introduced in July 2021 during the pandemic when a number of issues arose regarding the use of outdoor spaces by bars and restaurants.

The reform of our liquor licensing laws is a major priority for this Government. The Minister, Deputy McEntee’s, Department is prioritising work on drafting the Bill with the aim of having it enacted in 2023. In the meantime, we need to extend the outdoor dining provisions provided for by the Civil Law (Miscellaneous Provisions) Act 2021 to allow for ongoing certainty for all those operating in the licensing trade, their patrons and An Garda Síochána. The increased availability and popularity of outdoor dining and socialising has been welcomed by many. Its innovation is typical of the demand for more variety in ways we socialise and the types of venues and social spaces that are available. It is also clear that the increased use of outdoor dining has brought many benefits to our local communities as a whole, including increasing the vibrancy of our town centres and further enhancing our tourism offering. Furthermore, in a context in which Covid-19 is still circulating in the community, any measure that creates options for those who would rather not visit indoor settings can only be welcome.

While we are pleased that we are able to address this element of licensing law through this specific initiative, it is clear that the industry and society as a whole need a more comprehensive solution to the inefficiencies and complexities of the current framework. The general scheme of the sale of alcohol Bill will reform the licensing framework in its entirety to bring it up to the expectations of modern society. The sale of alcohol Bill intends not only to modernise our licensing laws but also to ensure they better reflect the social, cultural and economic needs of our local communities.

Our night-time economy and culture are not thriving in the way they should. This can be seen in all our towns and cities. Certainly, the pandemic and the necessary restrictions that were put in place at the time meant that the industry has been through a very challenging period. It is also clear that the industry is working under an outdated and ill-fitting licensing framework, however, which is inhibiting its development and creating unnecessary burdens for all those seeking to provide the places of entertainment and gathering that are so central to our sense of community. The sale of alcohol Bill will address these issues by creating a simpler, more straightforward licensing framework that will make it easier for licensed venues to do business.

At the same time, it is also important to recognise there are harms caused by alcohol consumption. It is for this reason that Ireland has for many decades operated a restricted regime for the sale of alcohol, given its known social and health effects. The sale of alcohol Bill will retain that approach. The sale of alcohol will continue to require a licence and engagement with a robust licensing process that ensures the necessary protections and standards are upheld by all licenceholders. The Minister, Deputy McEntee, is confident that we can modernise and streamline the existing system while keeping public safety and public order to the fore. It will be crucial that public health needs and the needs of those who may be impacted by any harm caused, including members of the Garda and local residents, are taken into account when decisions are being taken regarding licensing.

The general scheme makes provision for objections to be raised in court to the granting or renewal of licences, and the list of those who may object has been expanded. New grounds for objection to the renewal of a licence relating to failures to protect staff, patrons and performers from harassment, including sexual harassment, have been added with a view to creating a safer environment for everyone.

We are also mindful of the need to support An Garda Síochána with regard to the enforcement of the licensing framework and ensuring public safety. To broaden the range of possible enforcement options available to the Garda, provision has been made for a compliance notice for offences regarding drunkenness in licensed premises and with regard to the duty of a licensee to preserve order. The Garda will also have the power to apply for a temporary closure order for failure or refusal to comply with a compliance notice.

One of the key objects of the proposed legislation is to ensure the licensing application process is modernised, efficient, cost-effective and facilitates accountability. The general scheme provides that where a licensing application needs to be heard in court, this will now be dealt with by the District Court instead of the Circuit Court. This will help to reduce the costs involved and reduce pressure on the court system, while ensuring an accessible and transparent system.

The sale of alcohol Bill updates and streamlines licensing provisions, including with regard to restaurants, hotels and off-licences, to make these simpler to apply for and to enforce. It will also make changes to the current permitted opening hours in line with the expectations and needs of today's society and to encourage the development of a modern diverse night-time economy. Regular trading hours for off-licence premises change to 9.30 a.m. to 9 p.m. every day of the week. This removes the current restriction on Sunday mornings whereby off-sales are not permitted until 12.30 p.m. Regular trading hours for licensed premises change to 9.30 a.m. to 12.30 a.m. every day of the week. This results in an additional hours' trading on Monday to Thursday and three and a half additional hours on a Sunday.

The general scheme makes provision for both an annual late bar permit, which would allow opening until 2.30 a.m. any night of the week, and an annual nightclub permit that would permit the sale of alcohol until 5 a.m. and closure at 6 a.m. This will remove the need for such venues to obtain special exemption orders for each night they may wish to open, removing a complex and cumbersome requirement and thereby making it easier for such venues to do business.

I am sure many Members are aware of the large numbers of pubs that have closed down in small towns and rural areas, particularly in recent years. When a town loses a pub, it loses an important part of its cultural fabric. Pubs are important places for communities where we can gather to celebrate and socialise, as well as to mourn. The current requirement for an existing licence to be extinguished before a new licence for a public house can be granted is an unacceptably high barrier to entry for those who want to open or reopen venues that could reinvigorate town centres and communities. Therefore, the general scheme provides that the extinguishment will remain for public houses for three years from the enactment but will not be required thereafter. The extinguishment requirement will remain in operation with regard to off-licences.

Another potential contributor to a reinvigorated night-time economy is the cultural sector. In line with the recommendations of the night-time economy task force, it is recognised that cultural venues and facilities where the sale of alcohol is ancillary to the main activities should be able to opt for a licensing option on those terms.

The general scheme, therefore, provides for amenity licences for small cultural venues such as theatres, galleries or museums to ensure public safety but also a level playing field. The same procedure for raising objections to the granting or renewal of an amenity licence applies, as well as a requirement that amenity licences must meet the same regulatory requirements as retail licence holders.

In summary, we are here today to deal with one element of our current licensing system that needs our attention, namely, the extension of the outdoor dining provisions which have proven to be popular with both industry and patrons. It is widely recognised there are many other elements of the current licensing framework that also require attention and updating. The general scheme of the sale of alcohol Bill will aim to address all of these issues. It will introduce a long-term solution to the arrangements with regard to outdoor dining but will also introduce a wide-ranging framework for reform of the licensing process, which will make it easier to do business and contribute to the reinvigoration of our night-time economy while cutting down on administration and complexity and keeping public order and public safety at the forefront of our priorities...

[Click here for the full debate on the Oireachtas website]