Irish nightclubs remaining open until 6am among proposals in new licensing Bill

A licensing law allowing nightclubs across Ireland to remain open until 6am has been proposed by the Minister for Justice. 

Minister Helen McEntee has today (October 25) received Cabinet approval for her draft General Scheme of Sale of Alcohol Bill to reform Ireland’s antiquated licensing system. 

According to the minister, the present system - based on approximately 100 laws, some of which are over 200 years old - is in significant need of reform. 

She said, "Our late night venues and nightclubs are at the heart of night time culture. Nightclubs are an integral part of the life of a city. We do not just experience music on the dancefloor. Clubbing is culture which drives creativity and shapes attitudes. 

"Unfortunately, we have seen the numbers of nightclubs in Ireland reduce significantly in recent years. Some estimates have suggested that we only have 80 nightclubs, down from over 500 twenty years ago, to 300 in 2009 and only 80 today. 

"To support Irish nightclubs - and ensure that our night-time culture is equal to that in cities across modern European cities - I am proposing that nightclubs would have the option of staying open until 6am, with the requirement that alcohol cannot be served after 5am.” 

Other proposals include the retention of late night bar opening hours until 2.30am, a requirement to have CCTV in nightclubs and late bars, and the creation of new annual permits to replace the current system where a Special Exemption Order is required every time a venue wants to open after normal hours. 

Restrictions on the sale of alcohol and who is permitted to sell it will remain closely regulated, with licenses only granted by the courts. 

In addition, a representative of a local authority and local people with a genuine interest may object to the granting or renewal of a licence.

Minister McEntee said, "This will lead to one modern piece of legislation to regulate the sale of alcohol. It will aim to support the development of night time culture and the night time economy.

"It will also aim to support the industry, protect and back our pubs. And it will help people to open a pub where some may have shut, start a venue, a club night or an exhibition space, creating jobs and enriching our culture as they do so. 

"And it will emphasise that the sale of alcohol cannot be treated like the sale of any other good. It is vitally important that the interests of public health, public order, the local community and the safety of those present on a licensed premises are prioritised.

"It should not be easy to obtain and keep a licence. In comparison to many other countries, we have a restrictive licensing system. Under my proposals, that will remain the case.” 

Speaking about the proposed reforms, Tánaiste and Minister for Enterprise, Trade and Employment, Leo Varadkar, said they will "be good for hospitality businesses, boost the wider experience economy, and generate employment"

He said, "It will also give people and performers more autonomy about how, when and where they socialise. Ireland’s licensing laws are out of date.

"Our nightlife does not compare favourably with that of other European countries when it should be as good as anywhere in Europe. Rural pubs are closing, as have many nightclubs in urban areas, while the number of off-licences is increasing. It is not all about alcohol and should not be, but is part of the picture. It’s about cutting red tape and streamlining regulation.

"These reforms should be seen in the wider context of the government’s efforts to improve the cultural and entertainment offering in our town, cities and rural areas.” 

Proposed measures in the Bill also includes off licence opening hours to be standardised across the week with off licences having the option of opening from 10.30am to 10pm seven days a week. This is a change from the current position where these hours apply six days a week, with Sunday sales only permitted from 12.30pm on Sunday. 

The General Scheme also proposes an amendment to the so-called ‘extinguishment’ provision, whereby anyone seeking to open a new premises or an off licence must first purchase a licence from an existing licence holder in order to do so. 

This can be an impediment to opening a new pub in towns and villages where some premises have shut, particularly in rural areas. 

She said, "I not believe we need a dramatic increase in the number of new pubs. But, in circumstances where a town has lost its pub, we should acknowledge that the community has lost one of its focal points. The current system makes it difficult for anyone who wants to open a new pub in towns and villages where a pub has closed its doors.

"To help develop a vibrant night time economy and culture, support our pub sector and especially help our rural towns and villages, the ‘extinguishment’ requirement for pubs should be wound down. However, I believe there is a strong public health rationale for maintaining it for off licenses." 

The minister has also proposed the creation of a new “cultural amenity licence” for galleries, theatres, museums and other cultural venues. 

She said, "Supporting night time culture is not just about national cultural institutions in our major cities - vibrant night time culture can reinvigorate our towns and villages too.

"I want to ensure that smaller cultural institutions and galleries can help breath life back into our towns and that is why my proposals allow smaller venues apply for what will be called a cultural amenity licence.

"This will be strictly for venues where the sale of alcohol is not the main activity on the premises."