• Bill removes uncertainty that has arisen during pandemic
• It also preserves obligations on licence holders

The Minister for Justice, Heather Humphreys TD, along with her colleagues the Minister of State with responsibility for Civil and Criminal Justice, Hildegarde Naughton TD, and Minister of State with responsibility for Law Reform, Youth Justice and Immigration, James Browne TD, are pleased to announce the enactment of the Civil Law (Miscellaneous Provisions) Bill 2021, which is expected to be signed into law by the President very shortly.

The Bill passed all Stages in the Dáil on Wednesday and all Stages in the Seanad today. Speaking afterwards, Minister Humphreys said:

We have acted quickly to remove uncertainty on the legal position on the sale and consumption of alcohol in relevant outdoor seating areas. This legislation provides the clarity that has been sought and ensures that we can deliver on our commitments for an outdoor summer.

In less than two weeks, we have identified the issues, proposed the solution and changed the legislation. That is a remarkable achievement and I want to thank the Attorney General, An Garda Síochána, all Oireachtas Members and my officials who worked very hard to make this possible.

The changes to the legislation allow for the sale and consumption of alcohol in the relevant outdoor seating areas, where those outdoor seating areas have been permitted by the relevant local authority on public land, or where they are on private land abutting the licensed premises, as provided for in the Act. They are deemed to be part of the licensed premises while this legislation remains in force. 

Commenting on the importance of these changes, Minister Naughton said:

The latest public health advice means that ensuring people can enjoy an outdoor summer this year is more important than ever.

While there was understandable disappointment that we could not move forward with the reopening of indoor hospitality for public health reasons, today, we are giving certainty to thousands of businesses and their staff that they can remain open and continue to serve their customers in a safe and compliant way.

As the Act has been introduced in response to the unique circumstances of the pandemic, it is time-bound. Its provisions will remain in place until 30 November 2021, but can be extended for up to 6 months at a time, if a resolution is passed by the Houses of the Oireachtas.

Minister Browne who steered the Bill through the Seanad today welcomed its enactment, saying:

It was imperative that we tackled this issue swiftly to remove uncertainty on the legal position on the sale and consumption of alcohol in these outdoor seating areas. 

This Act provides certainty to publicans and restaurant owners across the country and ensures that we can all continue to enjoy an outdoor summer.

The Act does retain existing obligations on licence holders, including to maintain good order on their licensed premises, but we have seen in the last 16 months that the vast majority of pubs and restaurants have operated in a safe, responsible manner and I am confident that this will continue to be the case.

The Act contains a number of appropriate safeguards,  such as maintaining good order on the premises, and failure of a licence holder to do so will be grounds for objection to the renewal of the licence, even if, at the time of renewal, the licensee has ceased to operate the outdoor seating area.

The Act also makes it an offence not to comply with a direction by a member of An Garda Síochána to take any steps necessary to ensure compliance with the Licensing Acts. A breach of the Act could result, on summary conviction, in a fine of up to €2,500 and/or a term of imprisonment of up to 6 months. Compliance with the relevant Covid health regulations will also apply to outdoor seating areas.

The Act also gives effect to the Government commitment to appoint an additional 5 judges to the High Court and provision for one additional appointment where necessary in the interests of the administration of justice. Commenting on this measure, Minister Humphreys said,

There are significant pressures on the courts due to the Covid-19 pandemic. The situation is particularly acute in the High Court where it is anticipated that there will be significant demand for access to courts once public health restrictions are lifted. For this reason, we have expedited an increase in the number of ordinary judges of the High Court from 37 to 42.

The Act also provides that the Government may, by order, allow for an additional judge of the High Court over the maximum number permitted, where this is considered to be necessary in the interests of the administration of justice and only following consultation with the Minister for Public Expenditure and Reform.

Help support Cork Safety Alerts by becoming a member – Click Here