Intoxicating Liquor Bill (Urgent update)

by Phier Sun Jul 13, 2008 11:48

From Eugene Regan:

Not withstanding the Government's insistence on pushing through the Intoxicating Liquor Bill without amendment, in particular Fine Gael's amendment on nightclub permits, all may not be lost.

The fact is that the Government have been rattled by the strength of opposition by Fine Gael and other parties, both in the Dail and the Seanad.

Section 15 of the Bill as enacted provides -

"This Act shall come into operation on such day or days as the Minister may fix by order, either generally or with reference to any particular purpose or provision, and different days may be so fixed for different purposes and different provisions".

It follows that notwithstanding the adoption of the Bill, the Minister for Justice has a discretion as to when he brings into operation any particular provision of the Bill. Accordingly, he can choose not to introduce the provisions on closure at 2.30 a.m. (and 1.30 a.m Sunday night/ Monday morning) if adequate pressure is brought to bear in the coming weeks.

Accordingly, you may wish to consider directing your representations to the Minister on this very point.

It is not unreasonable that the provisions relating to the early closing would be suspended over the summer months until such time as his new Alcohol Bill is published later in the year.

by Phier Thu Jul 10, 2008 11:52

http://www.redbrick.dcu.ie/~phier/talks2.doc

Depressing.

by Phier Wed Jul 09, 2008 09:16

PDs:
fomalley@oireachtas.ie
ciaran.cannon@oireachtas.ie

Labour:
info@dominichannigan.com
alan.kelly@oireachtas.ie
michael.mccarthy@oireachtas.ie
phil.prendergast@oir.ie
bren@brendan-ryan.ie
alex.white@oireachtas.ie

by Phier Tue Jul 08, 2008 17:09

Apparently the INIA are meeting Charles Flanagan now. Dunno what, if any changes to his proposal they're asking for. FF are meeting to discuss it at 5pm, and it's been rushed forward to go to a vote before the Dáil at 11.30 tonight, and will be in front of the Seanad tomorrow and Thursday. FF backbenchers won't vote against it because most of them are pub owners, and i'm told their whip system effectively means they can't vote against their party's Bill anyway. GUTN seems to think the nightclub permit won't go through and the best we can get is for sundays to be treated like any other day, and that the Bill might be delayed.

Email the Seanad your thoughts.

email them your thoughts on it and plead them see sense.

INDEPENDENTS:
ivana.bacik@oireachtas.ie
ronan.mullen@oireachtas.ie
info@senatordavidnorris.ie
miriam@senatordavidnorris.ie
aoife@joeotoole.net
himself@feargalquinn.ie
shane.ross@oireachtas.ie

GREENS:
dboyle@oireachtas.ie
deirdre.deburca@oireachtas.ie

FG
Paul.Bradford@finegael.ie
Leas-Chathaoirleach@oireachtas.ie
jerry.buttimer@finegael.ie
paudie.coffey@finegael.ie
Paul.Coghlan@finegael.ie
Maurice.Cummins@finegael.ie
paschal.donohoe@finegael.ie
frances.fitzgerald@finegael.ie
fidelma.healy.eames@oireachtas.ie
nicky.mcfadden@finegael.ie
joe.oreilly@finegael.ie
johnpaul.phelan@oireachtas.ie
eugene.regan@finegael.ie
liam.twomey@finegael.ie

by Phier Tue Jul 08, 2008 11:05

15. In page 5, before section 5, to insert the following new section:

5.—Where the District Court for a particular district is exercising a discretion
concerning the grant of a licence permitting the consumption of intoxicating liquor
on particular premises, the Court shall exercise its discretion in such a way as to
avoid the closing of a significant number of premises in a particular locality at the
same time on the same day or days.".
—Pat Rabbitte.

SECTION 17
52. In page 14, before section 17, but in Part 2, to insert the following new
section:

17.—(1) (a) On the occasion of an application to the Court, an applicant may
request the Court to certify that a premises to which a public house
license is attached is a nightclub for the purposes of this Act and to issue
a permit to that effect,

(b) an application made under paragraph (a) above shall be made not less
than 14 days after the service of a notice by or on behalf of the applicant
stating the applicant's intention to apply for such a permit.

(2) (a) The Court shall not designate a nightclub permit to any premises under
subsection (1) above unless it complies with the following additional
conditions—

(i) the premises shall only operate for business between the hours of
10p.m. and 4a.m.,

(ii) an admission price shall be charged at a designated cash desk
subsequent to passing a security desk and prior to entry into the
premises and which operates a numbered ticketing system which must
be available for inspection by the Fire Services and/or the Gardaí
Síochána,

(iii) the premises shall provide entertainment through music and dancing
and shall have an area reserved solely for dancing which must consist
not less than 20 per cent of the gross public area of the nightclub,

(iv) there shall be public liability insurance cover of a figure to be specified
by the Minister in regulations attached to the premises,

(v) the premises shall have at least two security persons on front door
security duty with an additional one security person inside the
premises for every 100 patrons present,

(b) without prejudice to paragraph (a)(i) above, the court may at its discretion
attach to the issue of a nightclub permit the condition that the premises
close at a time earlier that 4a.m.,

(c) in making any such determination under paragraph (b) above the Court
shall take into consideration the desirability of sequential closing in the
immediate district of the premises in respect of which an application
under subsection (1) is being made,

(d) the Court shall give a statement of its reasons for any determination made
under paragraph (b) above.

(3) When granting a nightclub permit the Court, having regard to the opinion of a
suitably qualified person, shall specify the maximum occupancy level for the
premises to which the permit relates.

(4) (a) The holder of a nightclub permit shall cause such permit to be displayed
in a conspicuous place on the premises to which it relates.

(b) Failure to comply with paragraph (a) shall be an offence and the holder of
the nightclub permit who is guilty of an offence under this section shall
be liable on summary conviction to a fine not exceeding:

(i) €500 for a first offence;
(ii) €1,500 for a second or subsequent offence.

(5) A holder of a nightclub permit who permits the maximum occupancy level
specified under subsection (3) above to be exceeded on any occasion shall be guilty
of an offence and liable on summary conviction to a fine not exceeding:

(a) €3,000 for a first offence;
(b) €10,000 for a second or subsequent offence.

(6) The officer in charge of the Garda Síochána may object to the application and
may appear and give evidence on the hearing of an application under this section.

(7) Every nightclub permit shall, unless sooner revoked under this section, remain
in force until the next annual licensing district court for the licensing area.

(8) A Judge of the District Court may, on the application of the officer in charge
of the Garda Síochána for the licensing area, at any time revoke a nightclub permit
if he is satisfied that the holder of such permit has contravened any of the conditions
attached to the granting of the nightclub permit.

(9) Whenever the Justice of the District Court shall refuse an application for a
renewal of any permit under this section the applicant may lawfully appeal against
such refusal to the Circuit Court and shall prosecute such appeal with due diligence,
and the permit shall remain in effect until the first opportunity on which such an
appeal could be heard by the Circuit Court and, if that Court shall so direct, for such
further time (if any) as shall elapse before the final determination of such appeal.".
—Charles Flanagan

by Hugh Briss Mon Jul 07, 2008 16:33

do something, or we might all have to sober up!!

by Phier Mon Jul 07, 2008 16:28

See link.