Commission recommends tighter licensing laws

The Government-appointed Commission on Liquor Licensing laws has recommended that pubs return to 11.30 p.m. closing time on Thursday nights.

In its final report published this morning, the Commission made some 130 recommendations on how to modernise the State's liquor licensing laws.

Publishing the last in a series of four studies, the Minister for Justice, Mr McDowell said the change to trading hours on a Thursday was intended to provide an opportunity for customers to finish their drinks.

But the practice of continuing entertainment during this period had defeated this purpose, said the Minister. The report noted the later serving rules on Thursday had led to increased absenteeism from work and college.

The Minister also welcomed the recommendation to introduce a new "small premises" licence. This will encourage smaller owner-occupier pubs with a maximum total floor area of 130 sq metres.

Entrants to the licenced trade under this method will no longer have to "extinguish" an existing licence. They will be able to buy a new licence for fee to be set by the Minister. In the event that they wanted to extend their premises beyond 130 sq m, the publican would have to apply for a standard licence.

The Commission supported the introduction of new owner-occupier licences in areas of high population that have a lack of licenced premises

The Commission recommended that local authorities have the right to decide, in conjunction with the courts, how late pubs and nightclubs remain open.

The right of publicans to exclude 15, 16 and 17-year-olds from their premises was support by the Commission. It suggested that distance and delivery sales of alcohol to under 18s be strictly prohibited.

Concern was expressed by the Commission at the level of forgery of the national age card for over-18s, a scheme operated by the Gardaí.

It added there was a variance in the way courts handled instance of forgery in differnt areas and the imposition of temporary closure orders. The Commission said a "consistent approach would be desirable".

A possible increase in the sanctions applied to underage persons breaking the law may be required, the Commission noted, as the current penalties lacked a sufficient deterrent effect. The Commission also questioned why parents of such young offenders seem to be immune from sanction.

At its appointment two years ago, the Commission's brief was to make recommendations for a liquor licensing system that would meet the needs of consumers in a competitive market, "while taking due account of the social, health and economic interests of a modern society".

In light of a rise in alcohol-related violence, the Commission said the use of drunkenness as a defence in public order cases should also be reconsidered.

Mr McDowell said licencing law will now be codified into a single instrument and that he will bring forward a package of legislative proposals for a short intoxicating liquor bill to Government in a matter of weeks.