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Irish Mirror
Irish Mirror
National
Paul Moore

Pub boss dismayed as Gardaí say outdoor drinking in temporary seating areas illegal

The chairman of The Licensed Vintners Association (LVA) has expressed his disappointment following the Gardai's recent statement that said people are not allowed to drink alcohol in the newly-created seating spaces on streets in front of bars and restaurants.

Taking to Twitter, Noel Anderson, Chairman of the LVA and Managing Director of both Lemon & Duke and The Bridge 1859 has said: "Let’s open up hospitality outside and not regulate for it properly. Come on lads."

With the focus being placed on an outdoor summer, councils around Ireland have set up various seating areas in towns and cities across the country to facilitate the growing need for outdoor dining this month.

However, Gardaí said that food and drink outlets selling food and alcohol are restricted to "takeaway" or selling "for consumption off the premises".

In a statement, the Gardai confirmed that while local authorities may provide permission for additional seating outside of licensed premises, these spaces are not legally permitted for the consumption of alcohol by the licence issued by the District Court.

In a statement released to The Mirror, the Gardai said: " 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."

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