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Dáil
‹ Leaders' Questions.

Pub closing hours and liquor licensing

Summary

Kenny challenges the proposal to let local authorities set pub closing times, warning of inconsistent hours and risks linked to alcohol and violence. The Taoiseach says existing exemptions already allow late opening, notes tourism concerns and underage-drinking measures, and says legislation will await the Liquor Licensing Commission’s report; no immediate change is planned.

Statistics show that costs in health care arising from alcohol abuse is €2.4 billion per annum. Will the Taoiseach give the House his view on the ridiculous and daft proposal floated by the Minister for Justice, Equality and Law Reform to allow local authorities to set closing times for public houses? Can the Taoiseach not see the distinct and obvious dangers of adjacent local authority areas with differing closing times? Can he not see the danger of an 11 p.m. closing time in Drumcondra and a 2 a.m. closing time in Swords? Does he not see the distinct danger to those who might be tempted to drive or be driven on alcohol excursions from one local authority area to another?

Licensing laws are a matter for those in the know. Local authorities do not have any expertise in this area. Giving that kind of power to local authorities will increase pressure from local publicans to maximise incomes in any particular area. Was the proposal discussed with the Taoiseach? Was it brought before Cabinet? Is it to be discussed at Cabinet?

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I can see the difficulties of this. Deputy Kenny will be aware that under existing law public houses in certain areas are permitted to remain open until 2 a.m. under special exemption orders. What he has just described is existing law.

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Why not leave it the same way?

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An Leas-Cheann Comhairle

An Taoiseach to reply to the Leader only.

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That is not what he is talking about.

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That is a fact. Under existing law, that is precisely what can happen. I see the dangers of abuse of the law but that is how things currently stand. Any club or association in a particular category under existing law can obtain an extension to remain open until 2 a.m. The Minister for Justice, Equality and Law Reform is answering concerns expressed at local level about opening hours. People in the tourism industry believe they should have flexibility on opening hours in the summer time. They say it is a total nonsense that they have to close at 11.30 p.m. on Sunday night during summer time. They have expressed the view that flexibility should be allowed in this regard. The Minister for Justice, Equality and Law Reform has put out, for public discussion and debate, the suggestion that local authorities should be given the power to determine opening hours in their area. The tourism related issues in their local communities could then be taken into account. We must listen to what is being said by local authorities and others.

Deputy Kenny asked for my view on this. That is how the law currently stands. That is how it operates at present. Clubs that receive exemp tions under the 1988 Act can serve food. I do not think, in response to Deputy Kenny, that there are problems with drinking on Monday, Tuesday and Wednesday nights.

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The Taoiseach should visit Swords.

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I do not think Monday, Tuesday, Wednesday and Thursday are great days for going out, unlike Friday and Saturday. Legislative proposals in this area will have to be based on the report of the Commission on Liquor Licensing, which is due in the next month.

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The Minister for Justice, Equality and Law Reform was talking about extending opening hours on Thursday and Friday nights.

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Rory O'Hanlon An Ceann Comhairle Fianna Fáil

Deputy Deasy, these are Leaders' Questions. The Deputy is not the leader of his party.

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Not yet.

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There are no proposals to extend opening hours on the nights mentioned by Deputy Deasy.

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At least the Deputy has turned up here today, unlike many Fianna Fáil Deputies. The Taoiseach appears to be the leader of a non-existent party.

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Rory O'Hanlon An Ceann Comhairle Fianna Fáil

Deputy McManus, is that the Labour question?

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No, it is a comment.

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Rory O'Hanlon An Ceann Comhairle Fianna Fáil

The Taoiseach to continue, without interruption.

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I have never heard such sparkling repartee.

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Except in a pub.

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We will have to look at these areas when the Commission on Liquor Licensing produces its report in about a month. The Minister, Deputy McDowell, has indicated that restrictions on those under 18 entering pubs after 7 p.m. or 8 p.m. may be considered as part of his efforts to tackle under age drinking. Changes to the existing national age card scheme may be needed. The Minister intends to add other proposals in this area.

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It seems to me that the Minister for Justice, Equality and Law Reform is more interested in flying kites than in fighting crime. The Taoiseach did not answer my question about whether he has a personal view on this matter. Is the Minister, Deputy McDowell, proposing to change the existing law of which we are all aware? Does the Taoiseach agree that there has been a five-fold increase in violent crime, some of it unprovoked, on the streets of Dublin? Violent and unprovoked attacks, as well as the general abuse of alcohol, are not confined to Friday and Saturday nights. Does the Taoiseach have a personal view on this matter if he agrees with the remarks I have made and given the matter has been floated for public discussion? Is the Taoiseach satisfied that the resources available to the Garda, in terms of facilities and numbers of gardaí, are adequate for the enforcement of the existing laws? It is quite clear that they cannot do that at the moment. Will the Taoiseach give his personal view on local authorities being able to set different opening hours in respect of different areas? It is a matter of the gravest concern to communities and parents in particular.

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It is not a question of personal views, but of the existing law of the land and the proposals that may emanate from the Commission on Liquor Licensing. Many tourism bodies have pointed out that under certain legal arrangements, or certain interpretations of legal arrangements, people can get exemptions in certain areas but not in others. The system has worked in such a way for the past 14 or 15 years and possibly prior to the 1988 Act. The Minister receives requests from numerous interest groups as part of the debate on the liquor licensing laws – we are now on the third report – so perhaps it is no harm for local authorities and others to express their views.

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This is rubbish. The local authorities did not come up with the suggestion.

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It is hard to make the system fair and governable as the law currently stands. There is no proposal to extend pub opening hours to 2 a.m., as a Deputy claimed a short time ago.

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Does the Taoiseach have a personal opinion?

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What is the Taoiseach's view of the matter?

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Rory O'Hanlon An Ceann Comhairle Fianna Fáil

Allow the Taoiseach to conclude.

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The Commission on Liquor Licensing will report in a month or so. The existing position is that extensions and special exemption orders are allowed under our licensing laws. We should wait to hear what comes from the public discussion and what the Commission on Liquor Licensing has to say. The legislation will not be changed for the time being.

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We are none the wiser.

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Did we expect to be?

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