Published
Thu, Oct 27, 2022, 13:30
- The long-awaited licensing reforms are expected to pass into legislation sometime next year.
Ireland is set to overhaul its centuries-old alcohol licensing laws, meaning nightclubs can stay open until 6 AM.
On Tuesday, October 25th, at Dublin's Royal Hibernian Academy Gallery, Minister for Justice Helen McEntee gave a speech detailing the General Scheme of the Sale of Alcohol Bill 2022. Though the bill has been published and approved by the cabinet, it's yet to pass into legislation. This is expected next year.
"Our licensing laws are out of date for the requirements of modern society," McEntee said. "Under the reforms we're announcing today, we will instead have one, modern piece of legislation to regulate the sale of alcohol."
For nightclubs, this means having the option to stay open until 6 AM, with no alcohol sales past 5 AM. Owners will apply for a nightclub permit, which will be issued by the district courts on an annual basis. Conditions include having CCTV outside the premises and a security team registered with the Private Security Authority.
This represents a marked improvement on the current system, whereby owners and promoters must apply for costly Special Exemption Orders every time they throw a party. Closing time is 3 AM. According to McEntee, the number of clubs in Ireland has dwindled from 300 in 2009 to around 80 today.
"Nightclubs are an integral part of the life of a city," she said. "Clubbing is culture which drives creativity and shapes attitudes."
Local artists and activists Sunil Sharpe and Robbie Kitt—who represent the influential campaign group Give Us The Night—attended a briefing on the bill at the Department of Justice on Tuesday.
"It's going to happen," Sharpe told Resident Advisor. "Our permit puts this very clear division between the [bar and nightclub] sectors. For the first time we're actually being properly recognised in legislation as standalone venues of our own. That's quite significant, something we've wanted for a long, long time."
Crucially, the bill also proposes to phase out the century-old extinguishment rule within three years of the bill passing. The rule means anyone wanting to open a pub or venue can only do so by buying an existing license from a license holder, not the state. This makes it very hard for new operators to enter the market.
"We want new blood coming into the industry," Sharpe added. "We need more than 50- or 60-something operators, many of whom aren't even passing their venues onto their kids anymore. When we loosen up these laws people might start to think differently."
The bill also includes a modification to the existing Theatre License called the Cultural Amenity License, which would allow spaces such as galleries, theatres and museums to serve alcohol, open late and host nightlife events.
The other major reform is that pubs will be able to stay open until 12:30 AM, seven days a week. The closing time for late bars will remain at 2:30 AM, though only with a late-bar permit.
In terms of the legislative process, the bill will now be scrutinised by the Oireachtas justice committee, which may need to consult with stakeholders on various areas of the reforms. Once complete, the bill will go before parliament to be voted on and passed into law.
In the meantime, an implementation group made up of members of the revenue commissioners, the courts service and the Department of Justice will meet to look at ways of reducing the current cost structure around licensing.
"We're happy that [the bill is] almost there, but the Department of Justice has to truly prioritise this legislation and get it through as early into 2023 as possible," Sharpe added. "This open-ended prediction of 'next year' isn't good enough. There's no reason why this can't be enacted into law by the opening months of 2023."
He added: "Let people experience and enjoy these laws once and for all—the talk and announcements are starting to wear thin now, and there are some venues hanging on by a thread who need the changes this very minute."
Revisit this recent feature for more on Ireland's years-long fight for nightlife reform.
Photo: Max Titov