Nine out of 10 stores complying with alcohol sale code

NINE out of 10 stores are complying with a voluntary code regarding the display and sale of alcohol, a compliance report has found.

The report, written by an independent chairperson, said the code was now being used by the district courts in assessing licence applications.

The report said retailers want Justice Minster Dermot Ahern to include off-licences in the compliance system, maintaining that a suggested code between them and the Department of Health had not materialised.

Mr Ahern deferred activating sections of the Intoxicating Liquor Bill 2008, which required “structural separation” of alcohol in shops and supermarkets, following representations from the sector and a recommendation from it for a voluntary code.

The minister for justice agreed on the basis that “sector-wide compliance” with a code was achieved.

A report submitted to Mr Ahern by the independent chairperson of the company set up to administer the code said that an audit had found 90% of retailers had complied with it.

Padraic White, who has previously chaired a number of independent bodies, was appointed by the sector to act as independent chairperson of Responsible Retailing of Alcohol in Ireland.

In his first compliance report, Mr White stated he was independent in determining its content.

He said that as of September 2009, some 95% of the sector had signed up to the voluntary code, including supermarkets such as Tesco, Aldi and Dunnes and smaller chains such as the Gala Group and Topaz Group.

He said FMI retail audit company examined 333 of the 2,800 stores (14.5%) and found 90% were compliant.

Mr White said he received four complaints from the public, three of which were from owners of off-licences.

In his conclusion, Mr White said: “My conclusion is that the key components of the code have been implemented and the overall compliance rate of 90% and in excess of 98% in the key display provisions is highly satisfactory. Indeed, it is an impressive outcome for the members to have achieved in less than a year of operation of the code.”

He said the sector sought “an urgent amendment” to the law stating that non-compliance with the code would be a basis for objection to alicence.

Mr White said he held talks with senior management in the gardaí, the Courts Service and the licensing judge in Dublin. He said in Dublin District Court applicants for new licences were being questioned as to their compliance with the code.

He said retailers wanted off-licences to be required to adhere to a similar code.