Pubs and restaurants without permission to sell booze outdoors have just weeks to get a bylaw amnesty from their local council.
It is not illegal to drink alcohol in public areas but each local authority is entitled to pass Bye-laws banning the consumption of alcohol in a public place.
The rules mean that thousands of boozers and restaurants nationwide could have their hands tied unless they get the council’s permission.
Gardai are already informing proprietors who don’t have their own outdoor areas and need street space, they will have to get special permission to sell drinks in a public place from the local authority.
Various cities and towns like Dublin, Cork, LImerick, Galway and Drogheda all have specific bye laws that ban drinking in a public place like streets, parks, and beaches.
The bars and restaurants are due to open outdoors on June 7.
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But thousands don’t have their own outdoor space and have to apply for a section 254 permission to put tables and chairs on the streets around the premises.
Under the local by-laws the chief executive of the council has the power to exempt them, and they often do for festivals like the Fleadh or the Cork Jazz Festival.
One publican in Drogheda who didn’t want to be named said the Gardai informed him he couldn’t serve pints on the street without permission from the council.
He said: "We assumed we would be able to open for business on June 7, and had applied to Louth County Council for the licence to put the tables and chairs outside.
“But then the Gardai informed us we couldn’t serve alcohol out on the street and that without a change in the local bye laws it was against the law.
“Apparently premises who have a basement that comes out under the footpath are OK, because that means the footpath is covered by their existing alcohol licence.
“You couldn’t make this stuff up, it’s like something from the 18th century.
“All I know is we have effectively been banned from trading for a year and all the authorities are doing is putting more obstacles in our way.”
Last night the President of the Restaurant Association of Ireland Mark McGowan called on local authorities to do all they can to facilitate the reopening of a restaurant or pub where they are restricted due to a lack of outside seating.
He said: "There should be an amnesty of any planning law that restricts the sale and supply of alcohol in a public place to help the restricted business trade.
“This will encourage reemployment and get the wheels of the hospitality sector moving in the right direction.
“Each individual restaurant or pub should have a full understanding of responsible service and should be allowed trade without any intervention.”
The Garda Press Office confirmed there are no countrywide laws prohibiting drinking in public, and each local authority area is entitled to pass Bye-laws prohibiting the consumption of alcohol in a public place.
Under the current Covid restrictions the sale of take away alcohol is permitted but cannot be consumed within 100 metres of the premises.
A spokesman pointed out the Gardai don’t make the laws, they just implement them.
It is up to each bar and restaurant to apply to their council for street furniture Licence and licencing plan that outlines the area which a pub can serve alcohol are provided through the local authorities.
