A decline in the number of special exemption orders granted by the District Court to allow pubs serve alcohol until the early hours of the morning has coincided with a sharp decrease in convictions for public order offences.
Figures provided by the Courts Service show that in 2010, the courts granted 64,878 special exemption orders and that same year convictions for public order offences numbered 63,550.
By 2013, there were 45,869 special exemption orders granted and 40,823 public order offences recorded. Vintners say a significant increase in fees charged for special exemption orders, a change introduced by former minister for justice Dermot Ahern in July 2008, has contributed to the decline in requests for late-night drinking permits from the courts.
Specified events
Late-night openings for special, specified, events must be applied for individually under section 5 of the Intoxicating Liquor Act and are granted by the District Court.
The late night opening is until 2.30 on all nights except Sunday/Monday when alcohol must stop being served at 1am. Each special exemption order now costs €410 plus legal fees.
In 2008, Mr Ahern approved increases for pub licensing fees – the special exemption cost rose to more than €400.
The Courts Service figures indicate a clear correlation between the special exemption orders granted and convictions for public order offences in the years that followed.
In 2010, the courts granted 64,878 special exemption orders and in 2010 public order offences numbered 63,550.
In 2011, special exemption orders numbered 53,837 and in the same year public order offences numbered 61,652
In 2012, special exemption orders numbered 48,363 and the public order offences were recorded at 48,284.
In 2013 there were 45,869 special exemption orders and 40,823 public order offences. Legal and Garda sources say that while factors such as emigration and drinking at home play a role in the decline in public order offences, the drop in late-night openings is the single biggest phenomenon in the decline.
Vintners, however, warn that the higher cost for late-night opening permits is leading to a lack of tourist infrastructure in many rural towns.
The Vintners Federation annual conference in Killarney, Co Kerry, last week heard that late bars were disappearing from rural towns.
Cheaper
A simpler and cheaper exemption process to be operated by local gardaí rather than the courts is being sought by the vintners.
“Tourists are arriving in towns and there is no late bar or nightclub,” Michael Farrell of Cork Vintners said. The whole process was “cumbersome” as well as expensive and did not allow for flexibility, he said.