Gardaí told not to penalise pubs serving alcohol outdoors

A new multi-coloured canopy of parasols that have been installed on Princes St to support outdoor dining in all weathers. Picture: Michael O'Sullivan /OSM PHOTO

Clarity is being urgently sought from publicans and gardaí on whether licensed businesses can continue to serve customers alcohol in new on-street seating areas. 

Concerns were raised about its legality by gardaí in Galway over the weekend.

Justice minister Heather Humphreys was to meet the Attorney General on Monday to discuss the issue.

While licenced premises have been encouraged to move their trade outside due to Covid regulations, liquor licences — granted by the courts — may only permit them to sell alcohol on their premises or to take it away and consume it 100m away. Bylaws technically ban drinking alcohol on the streets or in public places in Cork and in other areas, although discretion has been shown by gardaí about enforcing this bylaw in recent times.

Ms Humphreys has now encouraged garda discretion regarding the policing of drinking alcohol on newly erected streetside tables.

Garda Commissioner Drew Harris also instructed regional Assistant Commissioners that gardaí should use discretion in relation to licensed premises while also continuing to respond to any public complaints received on matters such as public order, parking, and noise, An Garda Síochána said.

Publican Benny McCabe outside Arthur Mayne's, Pembroke St, Cork. Picture: Denis Minihane.

Cork publican Benny McCabe, who owns a number of pubs across the city including The Bodega and Arthur Maynes, said that “everyone wants clarity, whether you’re a vintner or a Garda".

“We need to put this right for the summer," he said.

That’s only fair to young gardaí out on the streets and it’s only fair to businesspeople who woke up in the absolute horrors this morning on hearing of this overnight.

“We need to make it very clear that there isn’t an issue with alcohol being served on these terraces."

Mr McCabe warned that "discretion" can breed favouritism and abuse.

"The only way is to make it legal," he said. "We can't move it all back inside again."

Businesses have already invested heavily in moving their trade outside, he added. 

It would be the death knell to many businesses now if they had to withdraw their furniture because there was ambiguity or discretion," he said. 

"Because either one isn’t enough really, and it’s not fair to all parties."

He said that since pubs have reopened, the atmosphere on the streets of Cork has changed for the better.

"That's why you can't countenance a withdrawal of outdoor seating like some publicans were threatened [with] in Galway," he said.

A Garda source agreed that discretion could be problematic. 

"All members are awaiting clarity on this from management," the source said. 

It's worrying. Anything you don't have clarity on leaves room for ambiguity, and ambiguity will cause problems down the road because you're policing by discretion rather than a uniform approach nationwide. 

"Discretion will cause a lot of confusion."

They said that the current lack of clarity was similar to when gardaí were told to police non-essential retail, but given little clarity on what constituted an essential versus a non-essential item. 

Michael O'Donovan at his pub The Castle Inn. Picture: Daragh Mc Sweeney/Provision

But Michael O’Donovan, chair of Cork Vintners' Association and owner of the Castle Inn on South Main St in Cork City, said that gardaí in Cork City and county have “thankfully, taken a common-sense approach".

Many Cork Vintner’s Association members already possessed permission from the local council to have tables and chairs outside, he said. Others had applied for that Section 254 licence from the council after the Taoiseach's announcement on May 27.

He said that across the country there is a six-week backlog in some places to receive the Section 254 licence from a local authority that permits premises to have tables and chairs outside. 

But as soon as an application is lodged, a reference number is issued which has allowed some premises to serve outside while they wait for the licence to be officially granted. This is an area that may also require some Garda discretion, he said. 

"People have invested a lot of money in outdoor seating and they’re trying to operate under the guidelines," said Mr O'Donovan.

I think the gardaí here have been using a common-sense approach, and thankfully in Cork City and across the county, we haven’t experienced any difficulties so far." 

A spokesperson for Cork County Council said that the majority of S254 licence applications they receive are from cafes, restaurants, hotels, and pubs serving food.

"Cork County Council is committed to supporting the hospitality sector where possible, and once received, applications are generally processed within a matter of a few days," the council said.