Fianna Fáil TD Jim O'Callaghan has said that the current laws which prohibit pubs from serving alcohol to anyone sitting in the newly-created on-street seating areas need to be changed.
In a potential blow to the industry, Gardaí stated that the consumption of alcohol in these spaces is not permitted unless specifically provided for in a liquor licence obtained in Court or where bye-laws permit the drinking of alcohol in public.
In a statement on Twitter, O'Callaghan said: "If we want an outdoor summer, we need to address this contradiction and make sure that bars and restaurants can continue to serve outside. If the law needs to be changed then that should be done quickly."
In response to this uncertainty, Minister for Justice Heather Humphries said that Gardaí "will engage with licensed premises and will use their discretion, as they have done throughout Covid."
Outdoor service commenced on 7 June and indoor service will not return until 5 July, however, those working in the industry have called for clarity amid the recent developments.
The chairman of The Licensed Vintners Association (LVA) has said the Gardai's recent statement "would pass for a Father Ted episode."
Noel Anderson, Chairman of the LVA, also questioned the logic of the decision when he said: "Let’s open up hospitality outside and not regulate for it properly. Come on lads."
The Gardai said that any food and drink outlets selling food or alcohol are restricted to "takeaway" or selling "for consumption off the premises".
However, it appears that the issue isn't with the Covid regulations or with any local bye-laws - it's that the liquor licenses issued by courts are based on specific floor plans, most of which won't include the new outdoor seating.
The Gardai's statement in full reads: "An Garda Síochána continues to engage with all stakeholders to devise and implement strategies to give effect to Government announcements to move ahead with the reopening the economy and society in line with Resilience and Recovery: The Path Ahead plan, with a continuing emphasis on outdoor activity.
"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.
"Licenses to sell alcohol are issued by the District Court. The application for a licence to sell alcohol is accompanied by the lodgement of inter alia a 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 takeaway basis only
"The management of local public spaces is primarily a matter for the relevant local authority.
"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.
"Local Authority bye-laws have been passed in many local authority areas, which restrict the consumption of alcohol in public spaces in general terms.
"Where crowds gather An Garda Síochána responsibility is preserving public order and preventing and investigating any criminal offence which occurs.
"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."
