Reform of alcohol licensing laws shouldn't return to 'farcical' loopholes of past, vintners warn

The issuing of new types of licences for cultural venues and nightclubs should not see a return to the “farcical” loopholes of the past, and must maintain a “level playing field” for publicans, vintners have warned.

Current liquor licensing laws have been described as “outdated” and in “significant need of modernisation” by  Justice Minister Helen McEntee.

Her department aims to deliver a single act by the end of this year, consolidating more than 100 different pieces of primary legislation dating back to 1833, to streamline alcohol licensing laws, and support the growth of the nighttime economy.

Speaking at a panel discussion hosted by the department on Thursday, Sunil Sharpe, DJ and activist with Give Us The Night, said Irish nightlife has “suffered badly” since the reform of licensing laws in 2008.

He called for the reinstatement of a specific standalone licence for late-night entertainment venues, similar to the theatre licence which was abolished in 2008. He said: 

“The industry was already in trouble in 2008," he said: 

Since then, we've lost approximately 75% of nightclubs… We need the theatre licence, subject to a yearly approval in court rather than through revenue, to be put back into use. 

“The department should also consider the use of easier to obtain licences for one-off events and for other cultural buildings and arts spaces… Ireland is in great shortage of venue spaces, and must make more use of existing spaces that can be used for events,” he added.

However, Donall O’Keeffe, CEO of the LVA (Licensed Vintners Association) said that any business involved in the sale of alcohol consumption on the premises should be obliged to get a full seven-day publican's licence, apart from a more specific alternative licence in the case of hotels or restaurants.

“We want to be clear that if any business requires the sale of alcohol for on-premises consumption, that that is done on a level playing field, and that the requirements we must satisfy to provide a safe, enjoyable experience for staff and customers are the same for everybody,” he said.

He claimed the old theatre licence was used as a “back door” for venues to sell alcohol late into the night and circumvent requirements that had to be met by publicans.

“We clearly saw it as a blatant abuse of what was intended, because lots of the businesses that got them were not theatres… 

Lots of businesses came up with definitions of performance that were verging on the farcical, running to 5am with a guy playing a banjo in the corner and defining that as a musical performance. 

Padraig Cribben, chief executive of the  Vintners Federation of Ireland (VFI) said it would be “extremely unfair” if state-funded cultural venues could compete for business with private publicans using once-off permits.

Mr Sharpe acknowledged that the old theatre licence created a loophole, but he also said it permitted increased cultural offering at night.

“It wasn't being entirely used in the original spirit of what that was meant to be… But it was a licence that suited many people that wanted to put on events and run clubs and run all types of events at night. And that was stopped overnight. And our nightlife has suffered badly since,” he said.