Gardaí must seek approval from superiors to shut down pubs

Pubs are now legally obliged to keep records of food sold on their premises. File image

Gardaí have been told they must contact their superintendent before issuing any closure orders on pubs breaching new Covid-19 regulations.

The latest Garda update on changing laws to tackle the pandemic encourages gardaí to continue to use the traditional phased approach before employing the criminal laws.

“If the graduated approach of ‘Engage, Explain and Encourage’ fails to achieve compliance, then the ‘Enforcement’ phase is entered,” the internal Newsbeat bulletin said.

The Criminal Justice (Enforcement Powers) (Covid-19) Act 2020 was enacted last Saturday and provides additional powers to Gardaí for breaches of relevant Covid-19 regulations by pubs and restaurants.

These include new legal obligations to keep records of food sold on premises and previous obligations to serve a substantial meal with alcohol.

The bulletin said that gardaí can now issue a “formal direction” under the parent legislation – the Health Act 1947 – to bring a licensed premises into compliance with the regulations.

Failure to comply with the direction is a criminal offence.

The bulletin said: “If this direction is not complied with, there are different options (under the new Act) available to the member. These options must be measured against the seriousness of the breach and discussed with your Superintendent.” 

Under the Enforcement act, gardaí can issue an “immediate closure order” on a person in charge of a licensed premises if they fail to comply with a direction on the relevant regulations.

This order is issued by a garda of superintendent rank or higher.

In addition, where there is a “continuous or repeated” failure or refusal to comply with a direction from a garda, an officer of superintendent rank or higher can make an ex-parte (one side only) application to the District Court for an emergency closure order for up to three days.

The act further provides for a temporary closure order, where gardaí can apply to the district court if they believe there has been a failure to comply with a compliance order and that such failure is likely to continue. The penalty for a first temporary closure order is the closure of the premises for up to seven days. The penalty for a second or subsequent temporary closure order is closure of the premises for up to 30 days.

The bulletin said the HSE Covid-19 testing system is generally working effectively and efficiently.

It said the HSE carried out over 71,500 tests in seven days up to September 11.

It said that in the community (non-hospital) setting, 79% of people who requested or were referred for a medically indicated appointment in that week were given one within 36 hours and that 94% received their appointment within 48 hours.

“So most people who need a test will get it within two days or less,” it said, adding that once tested, around 70% of results were returned within 24 hours, with the average turnaround time being 31 hours or 1.3 days in the community setting.

It added: “Our CMO continues to liaise closely with his counterparts in the Department of Health. While it’s not planned at the moment, if in the future, there is to be fast-track access to Covid-19 testing, the CMO has requested that Garda personnel be included in that group.

“It is acknowledged by the Office of the CMO, Department of Health that Garda personnel are to be treated as part of the essential pandemic response services.”