Tougher penalties on Monday for allowing drunkenness in pubs

Publicans from next Monday will be liable to more stringent penalties if they allow drunkenness on, or outside, their premises…

Publicans from next Monday will be liable to more stringent penalties if they allow drunkenness on, or outside, their premises under new liquor licensing legislation.

The Minister for Justice, Equality and Law Reform, Mr McDowell, announced yesterday that he had signed an order which would bring almost all of the provisions of the Intoxicating Liquor Act 2003 into operation.

Under Section 5 of the Act, entertainment during the 30 minutes "drinking-up" time will be banned, as will "happy hour" promotions.

Licensees who sell alcohol to a drunken person or allows drunkenness on their premises will also be fined €1,500 for a first offence and €2,000 for a second or subsequent one.

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The Act also stipulates that "a person who is drunk on leaving licensed premises is presumed, until the contrary is proved, to have been drunk while on those premises."

Drunken persons who refuse to follow the instructions of a garda will be subject to a €300 fine for a first offence and €500 for a second or subsequent one.

Mr McDowell said the passing of the Act demonstrated the determination of the Government to address urgently the public order and public health worries arising from excessive alcohol consumption.

Further structural reforms of the licensing system, which have been recommended by the Commission on Liquor Licensing, are to be addressed in a licensing code Bill, an outline of which would be available by the middle of next year, the Minister said.

Non-uniformed gardaí will have enhanced enforcement powers under the provisions coming into effect from Monday. Temporary closure orders will also be made available to punish pubs allowing drunkenness or disorderly conduct.

The provisions also amend the Equal Status Act, 2000, allowing licensees to set a minimum age for the sale and consumption of alcohol over the statutory minimum of 18 years.

Further provisions, coming into operation on September 29th, amend the Equal Status Act to transfer jurisdiction in certain cases of alleged discrimination in pubs from the Equality Tribunal to the District Court.

In addition, from the end of next month, closing time on Thursdays will revert to 11.30 p.m., and persons aged 18-20 years will be required to carry proof of age in the bar of a licensed premises. It will also be an offence for 15-17 year olds to be in a bar after 9 p.m., unless attending a private function at which a substantial meal is served.

Joe Humphreys

Joe Humphreys

Joe Humphreys is an Assistant News Editor at The Irish Times and writer of the Unthinkable philosophy column