Newly obtained documents show representatives of the pub trade and restaurant sector at odds with each other over just who gets to sell the extra alcohol
In October 2022 the Minister for Justice, Ms. Helen McEntee TD, published the General Scheme of the Sale of Alcohol Bill 2022. The draft legislation attempts to consolidate and update the State’s licensing laws. Among the General Scheme’s objectives include standardising the opening hours for licensed premises throughout the week and extending the opening hours of pubs and nightclubs; introducing a ‘cultural amenity licence’ to enable the sale of alcohol in venues as galleries, theatres, and museums; the introduction of annual permits for late bars and nightclubs to replace the system of Special Exemption Orders; and moving the responsibility for licensing from the Circuit Court to the District Court.
Between 2020 and, to date, 2024 the Department of Justice held 48 meetings with various organisations and bodies in relation to the Sale of Alcohol Bill.[i] Of those meetings, almost one in five were with the industry – 18%. This contrasts with public health organisations who were consulted just once, and the Department of Health, who were not engaged with at all.[ii]
Indeed, beyond the written submission from the Health Service Executive to the public consultation on the Bill, there has been little meaningful engagement with government health bodies. For context, representatives from industry organisations including the Vintners Federation of Ireland (VFI), Licensed Vintners Association (LVA), National Off-Licence Association (NOffLA) and Restaurants Association of Ireland (RAI) met with department officials on eight occasions.
Alcohol Action Ireland has now obtained minutes of these meetings.
The information, secured under the Freedom of Information Act, shows significant confusion and disagreement amongst industry regarding the Sale of Alcohol Bill, with representatives of the pub trade and representatives of the restaurant sector at odds with each other.
Minutes of the meeting between the LVA and the Dept. of Justice show the vintners expressed concern that business owners may choose to open restaurants rather than pubs. The LVA also disagreed with aspects of the Bill and sought a strengthening of the legislation’s provisions regarding restaurants. While the draft legislation provides that there be no bar counter in operation in restaurants, minutes show the LVA sought this to be strengthened to a ‘table service only’ provision. Similarly, the VFI, who managed to secure two meetings with the Department, also sought for further restrictions within the legislation. They expressed concerns over the proposed cultural amenity licences as they believe such licences would “allow holders to operate as nightclubs or late bars”. Clearly confused and frustrated at the lack of policy coherence from government, the Vintners Federation of Ireland queried if consideration had been given to the creation of a statutory authority with responsibility for alcohol.
Unsurprisingly, minutes show the Restaurants Association of Ireland held a contrary view to that of publicans regarding the issues presented by bar counters in licensed premises. They attempted to differentiate between bar counters and food counters – apparently there is a difference. In any event, they believe that a “food counter” should be permitted. The RAI also disagreed with publicans regarding cultural venues obtaining licences and they felt such licences would have a positive effect.
Department of Justice minutes show the National Off-Licence Association (NOffLA) expressed concern that the draft Bill doesn’t address rogue operators selling alcohol online. They called for transparency and for all those operating online, including declaration of a licensed number or address. NOffLA expressed further concerns regarding enforcement measures in relation to websites selling alcohol, and while they raised some pertinent points, their solution regarding these problems in the online space – industry self-regulation – flies in the face of attempts by the Department of Tourism, Culture, Arts, Gaeltacht, Sport and Media and the Department of Enterprise, Trade, and Employment to bring an end to self-regulation online.
In a meeting with the Department of Justice in November 2022, a member of the VFI delegation made the pertinent observation that “…the Public Health (Alcohol) Act… aimed to reduce alcohol availability, but noted that the General Scheme will make alcohol more available.”. This is the exact point that Alcohol Action Ireland, and countless health, social and community organisations and advocates, have been making for many years. While the overarching tone of the meetings was one of confusion and disagreement, it is clear from the Department of Justice’s fixation with extending licencing hours, so soon after the passing of the Public Health Alcohol Act, that the alcohol industry has again captured policy making at the highest level of government. Finally, while the minutes may have shown disagreement amongst industry in relation to some of the provisions of the Sale of Alcohol Bill, the reality is there is industry agreement in terms of the overarching aim of the legislation – making alcohol more available. In this regard, the divergences of opinion amongst industry are over who will get to sell this extra alcohol.
[i] https://www.oireachtas.ie/en/debates/question/2024-09-18/481/#pq_481
[ii] https://www.oireachtas.ie/en/debates/question/2024-09-18/480/#pq_480
