Legislation clarifying rules around serving alcohol outdoors approved by Cabinet
The bill will allow for the sale and consumption of alcohol in seated outdoor areas, including those authorised by local authorities or those privately owned adjacent to the licensed premises but not currently subject to a licence, subject to a number of conditions. File Picture: Sasko Lazarov/RollingNews.ie
Minister for Justice Heather Humphreys has received Cabinet approval for new legislation around outdoor drinking until November 30.
An incorporeal Cabinet meeting took place on Monday after GardaĂ confirmed two weeks ago that pubs and restaurants are not legally permitted to serve alcohol in new temporary seating areas which have been built in order to accommodate Covid19 guidelines on eating and drinking outdoors.
Local authorities have granted licensed premises permission to set up seating areas on streets in order to facilitate the new "outdoor summer".
According to gardaĂ, these new areas are not covered by the alcohol licences originally issued by the District Court, which means selling alcohol to be consumed there is now illegal.
âOutlets selling food or beverages are currently restricted to business on a takeaway basis or for consumption off the premises,â a Garda spokeswoman said, citing the Health Act 1947 (Section 31A - Temporary Restrictions) (Covid-19) (No. 2) Regulations 2021.
A statement released on Monday evening said the Government "is determined to support the industry throughout this challenging period."
"Ms Humphreys, following consultation with the Attorney General, felt that a short piece of time-bound primary legislation would provide absolute clarity to businesses, local authorities and An Garda SĂochĂĄna."
The bill will allow for the sale and consumption of alcohol in seated outdoor areas, including those authorised by local authorities or those privately owned adjacent to the licensed premises but not currently subject to a licence, subject to a number of conditions.
For those areas already given a permit by local authorities, these conditions would be the conditions already set by the local authority, such as on the number of customers allowed to be seated outside.
The Bill will also extend existing enforcement powers available to An Garda SĂochĂĄna, currently available to ensure licensed premises are operating in line with Covid regulations, to these new conditions.
"Given the hugely successful operation of outdoor dining and drinking to date, Minister Humphreys does not anticipate these powers being used frequently," the statement added.
Under these powers, An Garda SĂochĂĄna can direct a licensed premises owner to come into compliance with the conditions on outdoor seated areas.
If that does not happen a Garda superintendent or higher has the power to issue an immediate closure order to close a premises for the remainder of the day and where there has been more than one example of non-compliance, An Garda SĂochĂĄna can apply to the District Court for an emergency closure order, which can last up to three days.
Where a Garda is of the view that non-compliance is continuing or is likely to recur, an application can be made to the District Court for a temporary closure order for a week in the first instance and a second temporary closure order can be granted for a period up to one month The Public Order Act will also apply to outdoor seated areas.
Failure to operate an outdoor seated area in accordance with the provisions of this Bill can also be grounds for objection to the renewal of the licence.
The provisions of this Bill will expire on November 30 unless renewed by the Oireachtas for a further period of six months.
With the short bill approved tonight, it will head for the DĂĄil this week in order to be enacted as quickly as possible in order to provide a legal basis for the new drinking areas.
