Delivery of alcohol may be target of Garda sting

UNDERCOVER Garda operations targeting the delivery of alcohol to underage children are being considered under new legislation.

The proposed “test delivery” scheme is an extension of the “test purchase” scheme introduced in September 2010.

Under a test delivery scheme, under-18s would, in a supervised Garda operation, order alcohol over the phone or online from an off-licence or supermarket. Gardaí would observe whether or not appropriate proof of age is requested.

Such a scheme is being considered under the Sale of Alcohol Bill, due to be published early this year.

The Department of Justice said this legislation would clear up a legal grey area and make it an explicit offence for a third party — such as a courier or taxi driver — to deliver alcohol to a minor on behalf of a retailer.

An RTÉ Prime Time report in August 2010 captured four off-licences and two supermarkets delivering alcohol to underage drinkers at their home without checking for identification.

Under Section 31 of the Intoxicating Liquor Act 1988, it is an offence for a licence holder to sell or deliver, or permit any other person to sell or deliver intoxicating liquor for consumption by a person under the age of 18 in any place, except with the consent of parents or guardians in a private residence.

However, due to some concern that third parties, such as couriers or taxi drivers, were not explicitly covered, the new bill will deal with this issue.

“It will be explicitly stated in the bill that a third party delivering alcohol and taking payment on delivery, or delivering to underage persons, will commit an offence,” said a statement from the Department of Justice.

“Minister Shatter is presently reviewing the manner in which the current test purchasing scheme is working and the appropriateness of the involvement of minors in it and has sought information from the Gardaí on this.”

The statement said a similar scheme for deliveries was being considered.

“With it comes to test deliveries, additional issues arise. It would remain desirable that the identity of the underage person in any such scheme be protected, and for this reason it would not be desirable for delivery to be made to the child’s own home. It would be preferable that the delivery be made to the underage person in a third party’s house.”

The statement said this would probably mean that gardaí would have to recruit willing adults to make their homes available and who would be willing to give evidence in court.