THE CABINET yesterday cleared the way for new anti-drinking legislation that will give the Garda greater powers to seize alcohol, curb anti-social behaviour and impose curbs on off-licences.
Under the Intoxicating Liquor Bill, 2008, the Garda will be able to seize any bottle or container held by a person who is under 18 years old, or appears to be under 18, if they have "reasonable cause" to believe that alcohol is about to be consumed anywhere other than a private home.
In addition, gardaí will be able to permit the seizure of bottles and containers containing alcohol where they have "a reasonable apprehension of public disorder", and require individuals to leave an area "in a peaceable and orderly manner".
Up to now, the Garda has argued that the law was unclear about whether they had powers to seize alcohol from under-18s, and believe that the changes to be made in the new legislation will help them to counter disruption on estates.
The main points of the new legislation were unveiled in April by the then taoiseach, Bertie Ahern, and Brian Lenihan, who was then minister for justice, but who has since moved on to the Department of Finance following Brian Cowen's appointment as Taoiseach.
Off-licence opening hours will be significantly cut back. They will open from 10.30am - not 7.30am, as now - until 10pm. Sunday opening hours will be from 12.30pm to 10pm.
Wine licences will, in future, need District Court approval.
In addition, off-licences will have to be clearly separated from the rest of a shop
Where this is not possible, alcohol must be sold from behind a counter.
The Garda will be able to carry out undercover purchases using underage decoys to ensure that young people are not sold alcohol.
Legal expert Constance Cassidy has already described this development as "a first in our licensing jurisprudence", and speculated about the possibility that it would be challenged on constitutional grounds in the courts.
