Gardaí told to use discretion over outdoor drinking

Описание: Garda Commissioner, Drew Harris, has issued an instruction for gardaí to use discretion in relation to outdoor drinking.

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In a post on Twitter, An Garda Síochána said: "Earlier today, Commissioner Harris issued an instruction to regional Assistant Commissioners that Gardaí should use discretion in relation to licensed premises while also continuing to respond to any public complaints received on matters such as public order, parking, noise etc"

It comes after the Minister for Justice said she spoke to Mr Harris about the legal issues around outdoor drinking and he had assured her that gardaí will apply discretion.

Speaking in Co Monaghan this afternoon, Heather Humphreys said Commissioner Harris will be issuing guidance to his members this afternoon.

She said there has been an issue in one part of the country and has urged those involved to "sit down and find a local solution".

Ms Humphreys said she has also spoken with the Attorney General today and he is looking at the situation.

"If there are issues we need to address, we will and he is currently looking at that for me," she added.

"Government will support the hospitality sector in providing outdoor dining to allow people to go out and enjoy themselves as we recover from this pandemic."

Ms Humphreys said she was confident outdoor dining and drinking can continue and that the gardaí have her full support.

"For most people, they’ve had a really good weekend and I’d like that to continue," she added.

The extra space for customers was facilitated by the Government under an outdoor seating scheme earlier this month.

However, doubts about the legality of the service were raised by gardaí in Galway, as first reported last week by the Connacht Tribune.

Gardaí have said that the consumption of alcohol in these spaces was not permitted, unless specifically provided for in a liquor licence obtained in court or where by-laws permitted the drinking of alcohol in public.

The Galway City Joint Policing Committee has called for greater clarity from the Government.

It is also looking to see the introduction of national emergency legislation to address the issue of on-street drinking.

A statement from gardaí set out that licensed premises could only sell alcohol as takeaway or to be consumed on a premises, and what constitutes a premises is set out in a business's liquor licence.

Anything falling outside of that, including an on-street drinking area, is not covered. After that it falls to whether or not a local authority permits the drinking of alcohol in public.

In a statement last night, the Department of Justice said that premises "who continue to behave responsibly in controlling their premises should have nothing to worry about".

It said there were different legal situations depending on whether by-laws are in place.

It noted that a small minority of pubs have been serving alcohol to those seated outside - what it described as "agreed areas" and said that these would be "the focus of any garda action in the first instance".