Pub owners have been warned that they are in breach of the law by setting up temporary seating for takeaway drinks outside their establishments.
The outdoor seating near pubs is not covered by alcohol licenses owners obtained in the District Court, Gardaí have said, despite permission from local councils to arrange seats outside their premises.
“The Health Act 1947 (Section 31A – Temporary Restrictions) (Covid-19) (No. 2) Regulations 2021, as amended are currently in effect. Outlets selling food or beverages are currently restricted to business on a takeaway basis or for consumption off the premises,” Gardaí told Independent.ie.
“Licenses to sell alcohol are issued by the District Court.
“The application for a licence to sell alcohol is accompanied by the lodgment of site plan highlighting the specified area to which the licence will apply. The licensee is licensed to sell intoxicating liquor to a person to consume the alcohol within that highlighted area only, any other sales are on a take away basis only.
“Local authorities may provide permission for additional seating space outside of licenced premises, but these spaces are not covered for the consumption of alcohol by the licence issued by the District Court.”
Gardaí also warned that they would act to disperse large crowds should they gather outside pubs, “preserving public order and preventing and investigating any criminal offence which occurs”, the force said.
“As public health regulations continue to be reduced and activity begins to normalise, An Garda Síochána continues to remind the public of the ongoing public health guidelines, which include not to gather in large groups, maintain social distancing and wearing of face coverings in crowded public spaces.”
Minister Heather Humphreys welcomed the announcement yesterday, telling her Twitter followers that Gardaí would act with “discretion”.
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
The Restaurants Association of Ireland (RAI) said the news was “disappointing” however.
“This is a big issue now for the government. We were all informed a number of weeks ago that outdoor hospitality and the summer of outdoors was the narrative that the government was using,” Adrian Cummins, CEO of the RAI, told RTÉ Radio One this morning.
“They’ve invested €17 million in outdoor hospitality and dining through the Fáilte Ireland grants being distributed through local authorities…this is a deep disappointment for our industry and it’s an impediment to how we operate our businesses.”