The Garda Commissioner has been advised that alcohol-free teenage discos in licensed premises where the bar is shut are not illegal, according to the Minister for Justice.
Yesterday's announcement comes after a number of discos scheduled for youth who will soon be celebrating the Junior Certificate results were jeopardised following Garda warnings that they may be illegal under legislation introduced last year by the Minister for Justice, Mr McDowell, in a bid to combat binge and underage drinking.
Yesterday, a prominent licensing law expert also confirmed she was taking a High Court challenge to the legislation, on behalf of a bar owner who is being prosecuted by authorities for holding an alcohol-free teenage disco on his premises.
While the legislation bans under-18s from licensed bar areas of pubs or clubs after 9 p.m., gardaí have been using the legislation to block under-18 events in licensed discos and other premises, even where the bar is shut.
The Old Wesley rugby club in Donnybrook in Dublin was recently forced to cancel a disco because of a Garda warning that it would contravene the legislation. It was unclear last night whether arrangements could now be made for a Junior Cert night disco there following Mr McDowell's clarification.
Mr McDowell said he had earlier informed the gardaí of legal advice to the contrary. Following the latest controversy, the Minister raised the issue personally with the Garda Commissioner, Mr Noel Conroy, yesterday morning, "with a view to resolving the situation" as soon as possible.
"The Attorney General has advised the Commissioner that Section 14 of the 2003 Intoxicating Liquor Act does not prohibit children from attending alcohol-free functions in a portion of a premises in which the bar has been physically closed and which is not being used for the sale of intoxicating liquor."
A Garda statement released late last night said there was now no problem with alcohol-free discos going ahead. A Garda spokeswoman said: "The Garda Commissioner has this evening received a definitive interpretation of Section 14 of the 2003 Intoxicating Liquor Act. As a result of this examination he will be informing members of the organisation that the legislation does not prohibit children from attending alcohol-free events."
Speaking on RTÉ radio yesterday, the Minister said he was pleased that the Attorney General had clarified the situation ahead of the exam results, adding that there can "only be one view on the matter".
Ms Constance Cassidy, a barrister and leading expert on licensing laws, said she was preparing a High court action over the section on behalf of a west of Ireland pub owner who had been prosecuted by gardaí. She said her view, and the view of her client, was that the legislation was "utterly nonsensical".
She described the legislation as "a mindless, thoughtless and knee-jerk reaction" to the problem of excessive teenage drinking.
Meanwhile, a Dublin student last night handed in a letter of protest to the Minister for Justice. Ms Claire Lennon (16), a transition year student from Rathfarnham, said that the law puts young people in more danger.
Ms Lennon queued for tickets to a non-alcohol disco in Old Wesley. She said she was "very disappointed" to learn that the disco was cancelled after gardaí contacted the venue about the event. "Next Wednesday I will receive the results from an exam I have spent the last year studying for, but no matter how my results turns out, they will be overshadowed by this," she said.