No charges or closure orders of pubs under Covid-19 laws

Last August, on the day of the All-Ireland hurling final, large crowds gathered inside and outside pubs near Croke Park resulting in complaints of breaches of social distancing rules, leading to the temporary closure of one pub. Picture: Piaras Ó Mídheach/Sportsfile

No closure orders were issued against pubs and no prosecutions were taken under emergency powers introduced during the Covid-19 pandemic.

But An Garda Síochána said the legal provisions acted as a “significant deterrent” against the minority of pub owners who had attempted to “flout the law” by bringing them into compliance with the law.

The powers were introduced in September 2020 on the back of concerns of certain pubs breaking rules on social distancing.

The Criminal Justice (Enforcement Powers)(Covid-19) Act 2020 gave gardaí additional enforcement measures against pubs and restaurants to comply with pandemic-related measures.

It provided three types of closure orders — immediate, emergency and temporary closure orders by a senior garda on application to the district court — and criminal offences in relation to breaches of the act.

Last August, on the day of the All-Ireland hurling final, large crowds gathered inside and outside pubs near Croke Park resulting in complaints of breaches of social distancing rules as well as anti-social behaviour.

Gardaí inspected a number of premises and asked one pub to temporarily close, rather than go to the courts and seek a temporary order.

Garda HQ at the time said inquiries were being conducted into alleged breaches of Covid regulations at one of the pubs.

The act additionally established new grounds for objection to renewal of licences, in circumstances where it had been necessary to close a licensed premises or where a person had been convicted for being in breach of the relevant provisions.

The act complemented additional regulations by the minister for health, which placed obligations on licensed premises in relation to the service of food and drink, such as requirements for the recording of the names and contact details of patrons or the requirement for persons to be seated while eating or drinking.

A Department of Justice ‘Post-Enactment Report’ of the act, which has been just published, said: “An Garda Síochána noted that the provisions of the legislation were of assistance in supporting An Garda Síochána through their graduated response of engage, explain, encourage and enforce during the Covid-19 crisis and that it was a significant deterrent against the minority of licensees who may have attempted to flout the law to come into compliance.” 

The report added: “An Garda Síochána and the Office of the Director of Public Prosecutions confirmed that no prosecutions have been initiated under the Act and no closure orders were made.” 

It said that as the regulations placing restrictions on the operation of licensed premises had now been rescinded, there was “no longer a basis” for An Garda Síochána to issue closure orders under the 2020 Act.

It said the act would expire on March 31, 2022.