Commission on Liquor Licensing Public Consultation Submission

November 2001

Dear Sirs,

We note the advertisement in the National Papers of 23 August 2001, and further advertisement in early October 2001, and wish to make the following submission:

Background

As a background to our submission we note the following:

1. Severe restrictions currently apply to companies or individuals wishing to enter the Licensing Trade. These conditions in practice make it extremely difficult to enter the trade and are tantamount to a cartel.

2. Existing licensed premises within many urban areas have rapidly expanded in size over the last decade. This has led to mjor interior and exterior changes to these premises, often resulting in the loss of the small scale character of these premises.

3. Within Central Dublin licensed  premises have changed hands for several million pounds. This implies that the Licenses themselves are worth in excess of one million pounds.

4. In many European countries there are few restrictions to entering the Licensed Liquor trade. Complying with the relevant Planning and Development  Legislation allows entry to the Market. It is understood that in Central Paris it is possible to open a bar with less than £100,000 capital.

5. Many existing and planned housing areas close to our major towns and citiies have few if any Licensed Premises within walking distance. As a result people have no option but to drive or take public transport or taxis should they wish to visit a Licensed Premises.

6. Licensed Premises as they currently exist are rarely ‘family friendly’, as they often restrict hours of entry to the premises.

7. Licensed premises rarey offer a full food menu at nighttime. Conversely restaurants can find it difficult to serve  a full range of alcoholic beverages with meals.

8. The existing Planning and Development legislation provides strong controls over the types of use and hours of opening of most land uses in the state.

9. Restrictions on opening hours have led to bottlenecks within the public transportation area. Lifting restrictions on opening hours could spread the load on taxi and public transport providers.

Proposal

The Green Party therefore believes that the current restrictions on entry to and operation within the area of Liquor Consumption and sales should be considerable relaxed.

We believe that there should be almost total deregulation within the sector subject to the following:

1. The ‘proper planning and sustainable development of an area subject to the common good’ as defined in the Planning and Development Act 2000 shall be the principle regulation on the consumption and use of alcoholic beverages.

2. A six month period should elapse to allow time for Planning Authorities to amend their  to Development Plans if required to include a new land use of alcohol serving and consumption.

3. Planning Authorities should grant planning permission by way of license to operate for a three year period for alcohol serving and consumption to both existing premises and potentially to new planning applications. This will allow for monitoring of the operation of premises and is similar to the system applying to sensitive land uses such as creches.

4. Environmental Health Authorities are encouraged to adopt strict air quality standards in regard to the operation of premises that allow the serving and consumption of alcohol.

5. Planning Authorities should place restrictions within Development Plans on the total area for alcohol serving and consumption within particular neighbourhoods. This should ensure that particular areas are not served by an excess of alcohol outlets to the detriment of the local amenity. (This should prevent particular areas such as Temple Bar becoming over-supplied with alcohol consumption and serving areas.

6. Planning Authorities are advised to prohibit the sale of alcohol at grage forecourts given the concerns linking alcohol consumption with dangerous driving.

7. Planning Authorities are advised to recommend that the maximum size of any individual alcohol serving and consumption area should not exceed 500 square metres.

8. It is recommended that alcoholic beverages should carry health warnings similar those that operate with the sale of cigerettes. The warnings would vary depending on the alcohol content of the beverage.

9. A comprehensive system of escalating penalties should apply to those serving alcohol to customers who are either visibly drunk or disorderly. This system should allow for the rescinding of the license to operate as the ultimate penalty for those serving alcohol.

We believe that thses changes should help bring about a more sensible and mature approach to alcohol within our society. We believe that it will encourage people to enjoy a glass of wine with a meal, or a pint of beer with their pizza. We believe it will lead to more family friendly approach to drinking and enjoying alcohol sensibly.

We believe that it will lead to greater retention of small-scale family pubs, and will lead to a reversal of the trend towards super-pubs of recent years.

In short we believe that it will give greater rights and responsibilities to the consumer, and will lead to the winding up of the Cartel that currently operates within this sector.

Yours sincerely,

Cllr. Ciarán Cuffe

Green Party Spokesperson on Planning, Local Government and Housing