Éamon Ó Cuív welcomes quick law clarifying outdoor drinking
Éamon Ó Cuív spoke about new legislation clarifying that areas immediately abutting licensed premises become de facto part of those premises, allowing alcohol to be served there. He welcomed the minister's prompt action, rejected inconsistent discretion, and sought clarification on how the bill interacts with local bylaws that prohibit street drinking in Galway.
Initial contact and praise
He said he rang the minister when the issue became a very hot issue in Galway, had a good conversation and appreciated the prompt reply. He welcomed the government's quick response and said bringing certainty by legislation was preferable to leaving matters to discretionary decisions.
Origins of the issue and competing demands
He explained he knew where the issue had stemmed from and cited circumstances involving Angarde Siachana and competing demands from different sections of society. He argued against a system of discretion that allows one person to apply rules one way and another person to apply them differently.
Legal effect on areas abutting licensed premises
On a quick reading of the bill he said the area immediately abutting a licensed premises effectively becomes part of that premises, so alcohol can be served there subject to the normal order kept within licensed premises. He noted that statute law always trumps any bylaw.
Bylaws and request for clarification
He said there is a general prohibition in Galway bylaws on drinking on the street and presumed the primary legislation would trump such bylaws without needing to change them. He asked the minister to clarify that a local authority cannot make a bylaw making it illegal to drink when someone is served on what the bill would make part of the premises.
Legislative detail and resolution
He acknowledged that in a large body of legislation some details can be overlooked and that even experts can find interpretive differences. He commended the minister for dealing with the matter expeditiously, called it a very minor ripple, and said it will be solved once the bill proceeds through the legislative stages.
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Minister, as you might remember, I rang you when this issue became a very hot issue in Galway and we had a good conversation about it and I really appreciate the fact that you came back to me very promptly and I was of the view from the beginning that looking for discretion is a bad policy in law and that the best way to sort this out is the way you are doing it. Bring in the legislation and have no uncertainty about what is going to happen. And I said that on two grounds, one because I knew where the issue had stemmed from and I knew the circumstances that various people were trying to deal with, including Angarde Siachana and competing demands from different sections of society. And the other reason was it is an untidy way. I believe in discretion in circumstances, but I do not believe in a kind of discretion where one person applies in one way and another in another way. I would like to think when people use discretion most reasonable people would have applied in the same way in the same circumstance. And I do welcome this prompt action by the government in dealing with the government in dealing with this issue and bringing certainty to it. I take on a very quick reading of the bill and I only got it in the afternoon and I was busy all day at committees. That basically the area immediately abutting a licensed premises de facto becomes part of that premises. And therefore you can serve alcohol there in the normal way subject to keeping the normal order you'd keep within your licensed premises. Now my understanding in Galway is that there is a general prohibition in bylaws on drinking on the street. I presume without changing the bylaw that these particular areas are now covered by the primary legislation which would trump any bylaw made by the local authority. But I think that issue would need to be clarified so that we are absolutely clear. Now I was perfectly understood from the very beginning that statute of law. That statute of law always trumps any bylaw anybody makes and that clarity may be in your reply you would just say that you cannot now make a bylaw making it illegal to drink when you are served on what now seems to me at a very very quick perusal of this bill to become de facto part of the premises. I think any of us who have been in government including the previous speaker will have had the experience where in the morass of a massive amount of legislation and there is a huge amount of legislation in this whole field that some detail gets overlooked. And these things happen. And even the most expert people can often find differences in the law and there are arguments about interpretation and so on. And I have a belief that it is very hard to foresee every problem. But what is much more inexcusable is that when the problem arises you do not deal with it. And what I would like to say is fair play to you this issue has been dealt with expeditiously will bring certainty to this issue and we can close the chapter of this book and it has been a very minor ripple that has been dealt with expeditiously and I do not think we should get overexcited about it because it is now solved. Or it will be solved once you get this through the shannon and get it through the dial.
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