A legal loophole has allowed Dublin pint lovers to still get takeaway drinks despite the Government's stance against them.
Taoiseach Micheal Martin warned earlier this year that people should forget about takeaway pints but gardai can't stop pubs selling them.
Pubs owners have been frustrated about the lack of a plan to reopen the sector and have called for a financial package to help struggling owners.
Mr Martin previously said: "Forget about takeaway pints, takeaway alcohol. No publican should be selling takeaway pints.
"This is a very serious situation that we’re in. It leads to congregation, it leads to gathering of people which can spread the disease and the virus.
"That’s a very, very clear message from me and Government."
Even thought the warning about takeaway pints was issued January, no measures were signed into law to restrict the sale of takeaway alcohol and it is not illegal.
A garda spokesman told Dublin Live today: "The sale of take away alcohol from licensed premises is not currently a penal regulation and therefore not an offence.
"In respect of regulations, which are declared to be Penal Regulations under the Health Act 1947 as amended, An Garda Síochána continue to adopt the approach of the Four Es which see Gardaí engage, explain, encourage, and as a last resort, enforce."
A spokeswoman for the Department of Health previously told Dublin Live in February: “Under current Covid-19 restrictions, cafes, bars, restaurants, and pubs may only sell food or drink, including intoxicating liquor, for takeaway. This is set out in SI 701 of 2020.”
Liquor licensing laws at the moment require that the consumption of takeaway alcohol must take place 100 metres from the public from which the drink was bought.
This means that drinking takeaway pints outside and in parks is legal, subject to local county and city bye-laws, once consumption takes place more than 100 metres from pubs.
Gardai can act though on public order incidents if they arise among people drinking takeaway alcohol and they can act on other breaches such as mass gatherings among those who have bought takeaway alcohol.
Official Government Level 5 regulations are that wet pubs remain shut and that bars serving food can offer “takeaway food and delivery only”.
Nothing has changed with regard to the law allowing off-premises trade.
It is still a matter for individual pub owners although responsible adherence to public health guidelines has been urged.
