Vivienne Clarke
Gardaí using “discretion” when policing is no solution for businesses who have found themselves illegally serving alcohol in temporary outdoor seating areas, according to the Restaurants Association of Ireland (RAI).
RAI chief executive Adrian Cummins has called on the Government to bring forward a statutory instrument to provide clarity for businesses serving alcohol to outdoor diners.
“The Government should have known about this when they allowed hospitality to reopen,” he told RTÉ radio’s Morning Ireland.
Yesterday evening, gardaí confirmed that pubs and restaurants are not legally permitted to serve alcohol in temporary outdoor seating areas.
Licensed premises across the country have been given permission to set up outdoor seating areas by local councils, with many set up on paths or in front of businesses as a solution until indoor dining is allowed.
However, gardaí have said these areas are not covered by alcohol licenses originally issued by the District Court, meaning the sale of alcohol for consumption in the areas is illegal.
'Deeply disappointing'
Mr Cummins said the problem needed to be “fixed” and clarity provided to business owners.
He pointed out that €17 million had been granted to the hospitality sector to provide outdoor dining facilities, so it was “deeply disappointing” for this issue to now arise.
Businesses needed to be able to operate viably and needed to know what was going to happen on July 5th when indoor dining was due to return, Mr Cummins added. It was “pointless” to have provided funding for outdoor facilities and then for this to happen.
Mr Cummins responded to a comment by the acting Minister for Justice, Heather Humphreys, who said in a tweet on Sunday evening that gardaí will use “discretion” when engaging with licensed premises over outdoor drinking.
Welcome statement from @gardainfo that it is working to ensure we can enjoy an outdoor summer and that the vast majority of licensed premises are acting responsibly. @gardainfo will engage with licensed premises and will use their discretion, as they have done throughout Covid
— Heather Humphreys (@HHumphreysFG) June 20, 2021
Discretion was the key word, Mr Cummins said. Gardaí in Galway had approached businesses pointing out that it was not legal to have alcohol consumed outside their premises.
The same issue could crop up in every county and highlighted the need for clarity, he said.
Indoor dining and drinking will be permitted from July 5th under the Government's current reopening plan.
Gardaí did not confirm whether they will enforce the ban on drinking in temporary outdoor areas.
However, RTÉ reported several pubs in Galway have been told they are in breach of health restrictions by gardaí.
