Drink laws could be final act

The Government's latest attempt to reform the licensing laws spells trouble for many theatres, writes Christine Madden

What are the elements of a good night out? Friends, entertainment, theatre, music and good food, many would say, enhanced by, but not dependent on, consumption of alcoholic beverages.

The Government would seem to agree, and is trying to encourage new drinking habits with the proposal for a new Intoxicating Liquor (Codification) Bill, which, among other things, contains a provision for the creation of a new cafe bar licence. At the launch of the proposed Bill on April 15th, Michael McDowell, Minister for Justice, Equality and Law Reform, advocated a "cultural shift in this country in our approach to alcohol consumption".

Attending a theatrical production offers a desirable alternative to the pub for many people looking to spend an enjoyable evening with friends. Drinks during the interval and afterwards are a key element of the entertainment. The provisions of the proposed Bill, however, seek to curb this possibility, and potentially threaten the viability and future existence of many venues.

Tania Banotti, chief executive of Theatre Forum, has been tireless in her efforts to present to the Government the dangers of such short-sighted legislation. "We made submissions last year to the Minister and met with officials in the department," she recounts. Nevertheless, the current proposal, in seeking to streamline licensing laws and practices in Ireland, as well as eliminate those seen to be taking advantage of the specific provision of the theatre licence, may have a profound effect on the theatre sector.

Misunderstandings arise perhaps through "an old-fashioned idea of what theatres are", explains Banotti. In the Black Box in Galway, for example, the venue is open plan with flexible seating, or no seating at all. Should the proposed Bill go through as now written, "the stand-up concerts would effectively be put out of business," says Mike Diskin, general manager of Town Hall Theatre and the Black Box. "We're not trying to run a shebeen or a disco under the cover of a theatre. Maybe some theatres have stretched the limits and the laws need to be tightened up, but to restrict licensing only to seated events seems to be smashing the situation with a sledgehammer." Similar concerts take place at Draíocht in Blanchardstown. "We do comedy and gigs, but particularly feature young bands," says Jackie Ryan, general manager. "If we couldn't have standing events, we would lose a core activity at Draíocht."

A lack of clarity regarding intervals also puts theatres at risk. Under the current wording of the proposal, a theatre licence would allow for the sale of intoxicating liquor on the premises during the period commencing one hour before the performance (but not before 10.30am) and ending one hour after the performance (but no later than midnight), but not during a performance. Is the interval, then, technically during a performance or not? The proposed bill "doesn't really take into account how performances happen", says Willie White, artistic director of Project arts centre. "Going to the theatre is a social and convivial activity. It's a meeting place. There's no shame around drinking at the theatre. It wouldn't feel right if we weren't able to serve people at the interval."

Apart from the interval, having the bar closed during the performance poses difficulties for latecomers. "If someone arrives late," argues John Costigan, director of the Gaiety Theatre, "they have to wait before they can be allowed in. Under the proposal, they can't be offered the facilities of the bar while they're waiting." Having the bars open during the interval and performance solves these problems but, under the current proposal, introduces others. The proposed legislation dictates that children under 15 can be in the bar of a theatre only until 9pm if accompanied by a parent or guardian. People aged between 15 and 18 cannot be in the bar of a theatre after 9pm, or 10pm from May 1st to September 30th.

"It's an absolute joke," says Costigan. "I can't estimate the loss of revenue from this, as I can't know how parents will react." The Gaiety presents many family-type events, such as pantos and musicals, and much of the audience "ends up going through the bars. It means 3,000 to 4,000sq ft taken out of circulation at these events." According to a department spokesperson, venue managers are worrying needlessly about the implementation of this ordinance. The restrictions, says a department spokesperson, "only apply to the 'bar' of licensed premises. The restrictions would therefore not apply to the auditorium of a theatre in most cases. Also, the restrictions do not apply where the under-age person "is passing through the bar solely for the purpose of entering or leaving another part of the premises". The restrictions provided for in the 2003 Act already apply to theatres so the codification Bill contains nothing new in that regard." Yet there is a problem in some theatres and arts centres, such as Draíocht. "Our bar area isn't separate, it's in the foyer," explains Ryan. If they are unable to bring their children to the bar area of a theatre, where soft drinks, snacks and ice creams are sold, not to mention the supervision difficulties these stipulations pose, parents might think twice about attending pantomime and children's theatre, particularly with younger children that can't be left alone in their seats. "It's difficult enough to get young people to the theatre," says White. "I trust my staff not to serve young people intoxicating drinks." Should they be passed into law, "there will be major repercussions for income for a lot of venues," predicts Banotti. "Ticket prices will go up. And if there is a shortfall in revenue, nobody is under the illusion that the Arts Council will make it up." And our society at large may likely suffer as well. "What sort of message are we sending out to our young people if we stop their cultural activities?" asks Diskin. "Are we saying children can't go to the theatre? If we can't offer them their cultural activities, we put them out on the street, and what are they going to do on the street? There is a huge problem with outdoor drinking, and we have to do something about that, but don't keep kids from having their cultural activities."

To explain the more stringent controls on theatre licensing, a spokesperson at the Department of Justice states: "The Minister's proposals in relation to theatre licences arise from the recommendations of the Commission on Liquor Licensing . . . At present, theatre licences may be issued by the Revenue Commissioners without any court certificate following presentation by the applicant of a public music and singing licence (obtained from the District Court). Trading hours depend on the duration of performances in the theatre, but there is no definition of performance or theatre in the legislation with the result that certain premises remain open until 3am or later."

The theatre sector in general warmly approves of the restriction to bar activity after midnight, as stipulated by the new legislation. The proposal provides for a new nightclub permit, presumably as a response to venues "posing as theatres", as Diskin puts it, and serving intoxicating beverages into the early hours of the morning. "We don't want to operate until 4am," says White. "Get those who do. We operate responsibly, and we will be making a presentation to the Department." Ironically, the ramifications of the bill as it currently stands would seem to undercut the Department's interest in effecting a "cultural shift" in drinking habits. A vibrant cafe culture is fostered by theatres in other cities around Europe, such as the National Theatre in London, the Traverse in Edinburgh and the Schaubühne in Berlin, which also have the facilities to serve food, making them meeting places not only for theatre attendees but also for those who wish to chat and enjoy the atmosphere - and thereby becoming introduced to the rich variety of what the theatre has on offer. Unfortunately, "new theatres were not built with this in mind," explains Banotti. "New venues don't have large kitchens, so food is hard to do. With newer venues going to be built, we could encourage proper restaurants to be built with them."

"Theatre is an alternative to binge drinking," says White. "And a drink can be part of the texture of a theatre evening. But you're not there to drink. People drink because they have nowhere to go. Theatre gives people something worthwhile to do with their evenings."

The provisions of the proposed bill derive from the recommendations made in the Commission on Liquor Licensing's Second Interim Report (July 2002, Chapter 4). This, according to a spokesperson for the Department of Justice, Equality and Law Reform, "referred to 'the flagrant abuse of the existing system' of theatre licences and recommended a series of urgent reforms". These reforms were: a court certificate will be required, and it will be granted subject to compliance with planning permission, fire safety requirements and licensing criteria; intoxicating liquor may be supplied during the period commencing one hour before a performance (but not before 10.30am) and ending one hour after a performance (but not later than midnight) but not during a performance; the persons to whom intoxicating liquor is supplied must have engaged seats for a performance.

"The General Scheme of the Intoxicating Liquor Bill has been published as part of a consultative process," a department spokesperson says. "Organisations with an interest in this area and private individuals are invited to submit their views or suggestions on the proposed bill by May 31st. Any views or suggestions from the theatre sector on the proposed reform of theatre licences will factor in the finalising of the legislation."