NEWTON'S OPTIC: Newton Emerson tries to unravel a Dublin court ruling but ends up driving around in circles.
A Dublin judge has said there is a clear link between motoring offences and all-night filling stations. "The availability of petrol until the early hours of the morning is quite literally fuelling crime," the judge said, summing up what motoring groups have called "probably the worst ruling in the world".
The judge's comments came as he turned down an application from 15 supermarkets with on-site petrol stations to stay open past bedtime. Under current retail licensing laws, a supermarket may remain open until midnight unless it has an in-store off-licence, in which case it must close by 10 p.m., but if it also has an on-site petrol station it can open until 6 a.m., unless the staff are under 18, in which case they may only use the serving hatch.
Until now supermarkets with both an in-store off-licence and an on-site petrol station have been able to apply for a special exemption to serve alcohol through the serving hatch until 4 a.m. in plastic glasses or until 5 a.m. via rubber hoses, and to sell petrol from the off-licence until 3.27 a.m. in five-litre bottles except at check-outs marked with a small sign that you won't notice until you've been standing in the queue since 3.14 a.m. However, last Friday these exemptions were refused following arguments from gardaí about public order and arguments from everyone else about ordering the public about.
Rejecting the applications, the judge said there was evidence that stopping everybody from doing everything would stop some people from doing some things and gardaí from doing anything. "The argument against this is led by people in business trying to make money, which is another thing that everybody should stop doing in case other people do other things," the judge said. "There is a correlation between the number of people driving at night and the number of people driving badly at night and if I am wrong you have the right of appeal."
However, legal experts have warned against referring forecourts to the Four Courts.
Meanwhile, the Minister for Justice, Mr Eamonn Derv-Alera, is to close a loophole which allows supermarkets without in-store off-licences but with on-site filling stations to sell diesel after hours by pretending to be multiplex cinemas.
Under present legislation supermarkets can classify check-outs with large LCD displays as screen entertainment, then offer green diesel in white plastic bags to over-25 non-smokers until 1 a.m., or white diesel in green plastic bags to loyalty card holders until 3:30 a.m., whichever is the later and/or earlier.
The Minister's new Drinks Bill will come before the Oireachtas Expenses Committee shortly and is expected to draw on the conclusions of last year's Commission Into Selling Diesel to People. This recommended defining the term "entertainment" to exclude supermarket check-out displays without excluding other forms of entertainment and restricting the sale of diesel in cinemas to couples ordering popcorn after 7 p.m. but before the film.
The legislation is also expected to make provision for café-style "parish pumps" as part of an effort by the Minister to change Ireland's attitude to filling up. "We are going for a more Continental driving culture by driving more people to go the Continent," explained Mr Derv-Alera yesterday.
It is understood that under current plans parish pumps will be allowed to sell unleaded coffee on condition that they serve toasted sandwiches at all times and in all weathers, are located exactly mid-way between a small supermarket and a large garage and make children stand outside and peer in through the windows.
Last night, in a related development, the Minister also announced that he will bring emergency legislation before the Dáil tomorrow allowing garages without working pumps to hold parties for teenagers but not to advertise the parties to under-15s if the refreshments are fattening. The move follows the closure of several garages by gardaí last month for selling sweets after 9 p.m. to people too young to have driving licences. "This should clear up confusion over whether or not petrol stations can offer non-petroleum products after 9 p.m. to unsupervised under-18s without a licence, without a licence," said the Minister yesterday.
Despite the flurry of Government attempts to crack down on fuel use, consumer groups are confident that overall supply will not be affected. "You may have to go a bit further to get tanked up I don't think it will be a problem staying well oiled," said spokesman Ben Zine yesterday. "If you can't find a supermarket or a garage open late, sure there'll always be a four-star hotel."
Newton Emerson is editor of the satirical website www.portadownnews.com