No threat to outdoor dining despite licence confusion, insists Taoiseach

Taoiseach Michéal Martin engaging with vendors, staff, and members of the public while he visited Princes St in Cork City recently. Picture: Michael O'Sullivan /OSM PHOTO

People will not be fined for drinking outside pubs, and the Government will change the law, if needed, to ensure that does not happen, Taoiseach Micheál Martin has said.

“There is no threat to outdoor dining,” he said.

Speaking after it emerged that some seated areas were not permitted to serve alcohol, in an interview with the Irish Examiner, Mr Martin urged authorities and the public to exercise some “cop on” and said the matter will be resolved.

He said the Attorney General, Paul Gallagher, is examining what legal instruments, if any, are required to facilitate the outdoor summer, which Mr Martin insisted has not been cancelled.

“I think we can get this resolved, there is no issue with outdoor dining right now," said Mr Martin. 

People are not going to be fined, and the Garda Commissioner has been very clear in terms of the application of Garda discretion.

“That said, if there's an issue, that will be resolved.”

He said he recalled the debate around mask-wearing in shops, and ultimately it was the public who policed that policy.

He said what is needed is a “bit of cop on, a bit of common sense”.

“If there's an issue to be resolved legally, whatever, we do it," he said. "I've asked the Attorney General to examine that.” 

Justice minister Heather Humphreys. Picture: Gareth Chaney/ Collins Photos

Justice minister Heather Humphreys said she is "confident" outdoor dining can continue, despite a statement from the Gardaí that some pubs may not be licensed to serve outdoors.

Representatives of the hospitality industry and the Garda Representative Association have called for new legislation to be drafted to give clarity to restaurants and pubs serving alcohol in outdoor seating areas.

"I spoke with the Garda Commissioner this morning, he has assured me that the gardaí will apply discretion and will be issuing a communique to his organisation today to confirm that," Ms Humphreys said.

I'm confident that it can continue, and it has been taking place right across the country and has worked very successfully."

Garda Commissioner Drew Harris issued an instruction for gardaí to use discretion in relation to outdoor drinking.

A Garda Síochána statement said: "Earlier today, Commissioner Harris issued an instruction to 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."

Sinn Féin’s justice spokesman Martin Kenny called for immediate clarity for an industry decimated for 15 months.