A bill aimed at clearing up uncertainty about the legality of outdoor drinking has been enacted after passing all stages in the Seanad today (2 July).

The Civil Law (Miscellaneous Provisions) Bill 2021 — expected to be signed into law by the President shortly — also gives effect to a Government commitment to appoint an additional five judges to the High Court to deal with anticipated pressure on the courts as a result of COVID-19 restrictions.

The changes to the legislation allow for alcohol to be sold and consumed in outdoor seating areas that have been permitted by a local authority on public land.

Permission for outdoor drinking also applies to areas on private land abutting a licensed premises, which are deemed to be part of the licensed premises while this legislation remains in force.

Concerns

The bill is a response to concerns expressed by Gardaí after the reopening of outdoor hospitality last month about the legality of serving alcohol in outdoor temporary seating areas.

The Department of Justice says that, as the legislation has been introduced in response to the unique circumstances of the pandemic, it is time-bound.

Its provisions will remain in place until 30 November 2021, but can be extended for up to six months at a time, if a resolution is passed by the Houses of the Oireachtas.

The act requires licence-holders to maintaining good order on their premises, and failure to do so will be grounds for objection to the renewal of a licence.

The act also makes it an offence not to comply with a direction by a member of an Garda Síochána to take any steps necessary to ensure compliance with the Licensing Acts.

As well as the appointment of five new High Court judges, bringing the total from 37 to 42, the act allows one additional appointment above the maximum number for the High Court, if this is considered necessary.

This can only be done, however, after consulting the Minister for Public Expenditure and Reform.

Pressures on courts

Minister for Justice Heather Humphreys said that there were “significant pressures” on the courts due to the pandemic.

“The situation is particularly acute in the High Court, where it is anticipated that there will be significant demand for access to courts once public-health restrictions are lifted,” she said.

Meanwhile, Judge Flannan Brennan is to retire from the District Court on 18 August. 

Judge Brennan’s last day of service will be 17 August.