The Minister for Justice is to close a loophole which allows nightclubs to use theatre licences to operate beyond normal closing hours.
Officials in the Department of Justice feel the licence is being abused by some venues and have confirmed that a provision will be inserted in liquor-licensing legislation to close off what they see as a loophole in the law.
Dublin District Court last week set a 2.30 a.m. curfew on establishments with theatre licences in response to Garda reports of public order problems late at night.
The Consolidated Liquor Licensing Bill, due to come before the Oireachtas later this year, will also provide special permits for nightclubs for the first time.
At present they are licensed in the same way as pubs and are obliged to apply regularly to the court for permission to trade beyond normal pub closing hours. It is understood that the legislation will not, however, extend opening hours for nightclubs beyond 2.30 a.m. The industry is seeking an extension in opening hours as they say their businesses are under threat from pubs which also have licences to stay open until 2.30 a.m.
While details of the legislation are still being drawn up, it is expected to draw on the conclusion of the Commission on Liquor Licensing, published last year. It recommended that in the area of theatre licences, only bona fide theatres should be able to obtain them by defining "theatre" and "performance" in the legislation.
The commission said alcohol should not be sold beyond standard opening hours for licensed premises and that alcohol should not be available during performances, to ensure the sale of alcohol was only an "ancillary activity". It also said alcohol should not be served during performances.
However, it said there should be room to apply for special exemptions for specific performances.
The legislation is also expected to include provision for new licences for café-style bars, as part of an effort by the Minister to change the country's drinking culture. It is understood that under current plans, the licences would be issued to premises on condition that they served food at all times, were of limited size and were in areas where there was judged to be a legitimate need for such premises.
The Minister believes these smaller premises will counterbalance the effects of "superpubs", which many believe have contributed to a rise in binge-drinking.
