Major overhaul of alcohol licensing regime agreed

Pubs will be able to remain open up to 12.30am each night of the week, whilst night clubs can operate until 6am, under new proposals agreed by Cabinet today.

And a special licence will be available for cultural spaces, such as museums, theatres and galleries for a set period around events.

Minister for Justice Helen McEntee received Cabinet approval for her draft Bill to reform Ireland’s antiquated licensing system.

The present system is based on a patchwork of 100 laws - some of which are over 200 years old and two thirds of which pre-date the foundation of the State 100 years ago.

Minister McEntee believes the laws are in significant need of reform, and today published the General Scheme of the Sale of Alcohol Bill to outline how she intends to implement these reforms.

Tánaiste and Minister for Enterprise, Trade and Employment, Leo Varadkar, TD, said,

“I believe the reforms that Minister McEntee is proposing will be good for hospitality businesses, boost the wider experience economy, and generate employment.  It will also give people and performers more autonomy about how, when and where they socialise. Ireland’s licensing laws are out of date.

Our nightlife does not compare favourably with that of other European countries when it should be as good as anywhere in Europe. Rural pubs are closing, as have many nightclubs in urban areas, while the number of off-licences is increasing. It is not all about alcohol and should not be, but is part of the picture. It’s about cutting red tape and streamlining regulation. These reforms should be seen in the wider context of the Government’s efforts to improve the cultural and entertainment offering in our town, cities and rural areas.”

Minister McEntee said it is vitally important that we retain restrictions on the sale of alcohol and on who is permitted to sell it, and to whom. These proposals will ensure that the sale of alcohol will remain closely regulated.

Ireland will maintain a restrictive licensing system in general, with licenses only granted by the courts – with objections allowed from fire authorities, the HSE, An Garda Síochána and local communities.

In addition, a representative of a local authority and local people with a genuine interest may object to the granting or renewal of a licence.

To provide a greater opportunity for community voices to be heard, as well as to streamline the current system, responsibility for licensing will move from the Circuit Court to the District Court.

The Minister said the pub has a central role in Irish cultural life and the reforms will support pubs and the hospitality industry.

Minister McEntee said:

“The local pub is an institution where we so often come together - to chat over a drink or food, to host community events, to celebrate and to mourn.

“As part of the process of streamlining the licensing system generally, opening hours for licensed premises will be standardised across the week to serve the needs of a modern night time economy.

“Regular trading hours will change to 10.30am to 12.30am seven days a week and we are also making permanent the changes introduced during the pandemic to facilitate outdoor service.

To support the development of the night time economy and ensure our licensing system meets the needs of modern society and economy, Minister McEntee, among other reforms, is proposing:

· The creation of new annual permits for late bars and nightclubs, to replace the current system where a Special Exemption Order is required every time such a venue wants to open after normal hours

· Opening hours for late bars should remain at 2.30am and, to bring Ireland in line with other European countries, nightclubs will have the option to remain open until 6am – with the requirement that alcohol cannot be served after 5am, with dancing able to continue until closing time

· Nightclubs and late night bars must adhere to strict requirements for these permits – they will require court approval for such permits, with objections allowed from fire authorities, the HSE, An Garda Síochána and local communities.

Minister McEntee said:

“Our late night venues and nightclubs are at the heart of night time culture. Nightclubs are an integral part of the life of a city.

“We do not just experience music on the dancefloor. Clubbing is culture which drives creativity and shapes attitudes.

“Unfortunately, we have seen the numbers of nightclubs in Ireland reduce significantly in recent years. Some estimates have suggested that we only have 80 nightclubs, down from over 500 twenty years ago.

“To support Irish nightclubs - and ensure that our night-time culture is equal to that in cities across modern European cities - I am proposing that nightclubs would have the option of staying open until 6am, with the requirement that alcohol cannot be served after 5am.”

Off licence opening hours will be standardised across the week – and off licences will have the option of opening from 10.30am to 10pm seven days a week. This is a change from the current position where these hours apply six hours a week, with Sunday sales only permitted from 12.30pm on Sunday.

The General Scheme also proposes an amendment to the so-called ‘extinguishment’ provision, whereby anyone seeking to open a new premises or an off licence must first purchase a licence from an existing licence holder in order to do so.

After a transition period of three years following the enactment of the Bill, Minister McEntee proposes to remove the extinguishment requirement to obtain a seven day on licence.

The ‘extinguishment’ requirement will remain in place for off licences however, and will only be applicable to licences already in existence on the enactment of this Bill.

To further support night time culture, Minister McEntee proposes to create a new “cultural amenity licence” for galleries, theatres, museums and other cultural venues.

This would apply to small cultural venues in towns and villages, and not just larger national venues in our cities

This will strictly be available for venues where the sale of alcohol is not the main activity on the premises, and is only for the convenience of people attending the venue for another reason – such as an exhibition

And it will only be allowed for a set period of time – between one hour before and one hour after a performance takes place

Minster McEntee said:

“Supporting night time culture is not just about national cultural institutions in our major cities - vibrant night time culture can reinvigorate our towns and villages too.

“I want to ensure that smaller cultural institutions and galleries can help breath life back into our towns and that is why my proposals allow smaller venues apply for what will be called a cultural amenity licence.

“This will be strictly for venues where the sale of alcohol is not the main activity on the premises.”

“It is only for the convenience of people who attending a venue for another reason, such as an exhibition.

“And it will only be for a set period of time around that event - from an hour before the performance to an hour after the performance.”