Commencement of the Intoxicating Liquor Act 2008

The Minister for Justice, Equality and Law Reform, Mr. Dermot Ahern T.D., has today signed the Commencement Order on the Intoxicating Liquor Act 2008.

The Order sets 30 July 2008 as the date when most provisions of the Act come into effect. This applies to all the public order provisions, the increases in fines for breaches to the licensing laws and for most of the reforms to the licensing laws contained in the Act including:

New hours for off sales of alcohol
Tougher public order provisions allowing the Gardaí to seize alcohol from minors
A court procedure to secure a new wine-only off-licence
New grounds for objection to the granting of an off-licence
New conditions attaching to the granting of a special exemption order, and
Holders of theatre licences will be restricted to the normal licensing hours unless additional hours are sanctioned by a special exemption order.

Minister Ahern said: "The Act places restriction on the availability and visibility of alcohol and provides for more effective enforcement to deal with the consequences of alcohol abuse. The introduction of Fixed Penalty charges for offences of intoxication in a public place and disorderly conduct will not only lead to more efficient use of public resources, but hopefully will also support more responsible behaviour on the part of those concerned."

The public order provisions allow for a Garda to seize alcohol from those under 18 years of age in a place other than a private residence, if the member suspects, with reasonable cause, that alcohol is being consumed, or intended to be consumed. An Garda Síochána will also be permitted to seize bottles or containers containing alcohol where there is a reasonable apprehension of public disorder or damage to property and require a person to leave the place concerned in a peaceable and orderly manner.

Minister Ahern continued: "The prosecution of a person under 18 years of age will only arise where there is a failure to cooperate. These new powers will therefore not only assist the Gardaí in responding to, and preventing, unacceptable behaviour but they have the potential to enable the Gardaí to achieve that end while reducing the time-consuming activities connected with prosecutions and court appearances."

Certain provisions regarding test purchasing of alcohol products have not yet been commenced. The Act provides that guidelines are required on the practical operation of test purchasing and to safeguard the welfare of young people involved in this role. Work has begun on the drafting of the guidelines.

Furthermore, Section 9 of the Act, which relates to the structural separation of alcohol in supermarkets and convenience stores, is also not being commenced at this time. The Minister has agreed to the introduction of a voluntary Code of Practice to achieve the same effect as Section 9 but has reserved the option of commencing this section if voluntary approach is not effective.

A copy of the Commencement Order is available on the Department’s website www.justice.ie and the text of the Bill as enacted is available on the website of the Houses of the Oireachtas www.oireachtas.ie

23 July 2008

Note to Editors
Background

The Intoxicating Liquor Act 2008 has recently been enacted. The commencement date for most of the provisions is 30 July 2008. For the most part it gives effect to recommendations of a Government Alcohol Advisory Group which was established in January and presented its Report on 31 March 2008. The Group had been asked to examine the following areas of concern with particular reference to public order issues:

the increase in the number of supermarkets, convenience stores and petrol stations with off-licences and the manner and conditions of sale of alcohol products in such outlets, including below unit-cost selling and special promotions;
the increasing number of special exemption orders which permit longer opening hours which are being obtained by licensed premises around the country; and
the use, adequacy and effectiveness of existing sanctions and penalties, particularly those directed towards combating excessive and under-age alcohol consumption.

Intoxicating Liquor Act 2008

The strategy underpinning the legislation is one which tackles the increased visibility and availability of alcohol through retail outlets with off-licences, while tightening the conditions under which premises with on-licences qualify for special exemption orders permitting them to remain open beyond normal licensing hours. The Act strengthens public order provisions and provides for improved enforcement and increased penalties.

The main provisions of the Act are as follows:

Public order

The Garda Síochána will be permitted to seize any bottle or container which is in possession of a person who appears to be under the age of 18 and which the member suspects, with reasonable cause, contains alcohol which is being consumed, or intended to be consumed, by a person under 18 years in a place other than a private residence.
The Garda Síochána will be permitted to seize bottles or containers containing alcohol where there is a reasonable apprehension of public disorder or damage to property and require a person to leave the place concerned in a peaceable and orderly manner.
Fixed penalty charges will be introduced for the offences of intoxication in a public place and disorderly conduction in a public place.

Sale of alcohol

Applicants for a wine-retailer’s off-licence will in future be required to produce a District Court Certificate in order to obtain the licence.
The grounds on which objection may be made to the grant of District Court Certificates for spirit, beer and wine off-licences are extended to include (1) the suitability of licensed premises for the needs of local residents, and (2) the adequacy of the existing number of licensed premises in the neighbourhood.
Off-sales of alcohol will be permitted only between the hours of 10.30 a.m. and 10.00 pm on weekdays and 12.30 pm to 10.00 pm on Sundays (this applies equally to premises with on-licences as off-licences).
In mixed trading premises (supermarkets, convenience stores and petrol stations) alcohol products must be displayed and sold in a specified area which is structurally separated from the rest of the premises. Where such separation is not technically feasible, alcohol products other than wine must be displayed and sold from a part of the premises where public access is prohibited, e.g. from behind a counter. The mixed trading sector has offered to implement a strict Code of Practice as an alternative to implementation of these statutory provisions.
Test purchasing of alcohol by persons under the age of 18 years will be introduced subject to necessary safeguards.
Restrictions on the advertising and supply of alcohol products at reduced prices or free of charge will be introduced by means of regulations; reduced price includes the use of bonus points or loyalty cards for the purchase of alcohol products.

Extended trading hours

Extended opening hours (special exemption orders) for late bars and nightclubs will be subject to stricter conditions, e.g. compliance with fire safety standards and licensing standards for private security personnel.
Extended opening hours for events to which the public are admitted will be conditional on the premise having an adequate, and fully operational, CCTV system.
Opening hours for premises with theatre licences will be brought into line with the rules and time limit provisions applicable to premises with on-licences.
Sanctions, penalties and enforcement
Minimum closure periods of 2 days will in future apply in cases of conviction for certain offences, e.g. sales of alcohol to under 18s; permitting drunkenness or disorderly conduct.
Fines for certain licensing and public order offences are also being increased.

Future legislation

The Government Legislation Programme provides for publication of a comprehensive Sale of Alcohol Bill later this year. This larger Bill will modernise and streamline all the laws relating to the sale and consumption of alcohol by repealing the Licensing Acts 1833 to 2004, as well as the Registration of Clubs Acts 1904 to 2004, and replacing them with updated and streamlined provisions.