The Intoxicating Liquor Bill 2000, which was published recently by the Minister for Justice, will face a complaint to the EU if it goes through in its present form, according to a lobby group for independently-owned supermarkets.
Mr Paddy Early, spokesman for the Independent Liquor Licensing Reform Group, said the Bill discriminated against the consumer by not allowing open competition and letting the market decide, as happened in every other sector of the retail trade.
The group objects to the fact that its shops are prevented from selling beer and spirits without purchasing a pub licence. They may sell wine if they obtain a restaurant licence.
Mr Early said there was a huge need for small pubs and off-licences in all urban areas to cater for sprawling housing estates, yet the Minister had effectively ceded control of all drink licences to the powerful and wealthy publican lobby. He said the Bill discriminated against tourists who were unable to buy beer or spirits in shops in small towns and villages where there are often no off-licence facilities.
"We believe that any Bill which favours only one powerful group against the interests of so many others must be constitutionally unsound. Our advice is that it certainly contravenes EU competition rules and would not stand up to a complaint to the EU, which will certainly follow if it goes through in its present format," he said.
Meanwhile, the Vintners' Federation of Ireland, which represents publicans outside the Dublin area, is looking for changes in the Bill to allow pubs to remain open until 12.30 a.m. on Sundays, as well as Thursdays, Fridays and Saturdays.
At its a.g.m. in Wexford yesterday the president of the federation, Mr Dick Dunne, also criticised the proposal in the Bill to close down premises where the publican was found to have served alcohol to a minor.
However, he said that in general the vintners welcomed the publication of the licensing reform Bill.
Referring to the Sunday opening hours, he said: "Sunday night is an important sporting day in the country, and people want to have a drink after matches with freedom of staying a little later if they wish."
He said the federation wanted a halt to moves to take the word "knowingly" out of the Bill, referring to serving drink to minors. If this word was absent from the legislation, it would allow for closure even when the publican did not know the person to whom alcohol was served was under age.
"If this proposal is to go ahead, there must be a mandatory national identity card to enable publicans to legally establish a person's age," he said.