Garda Commissioner Drew Harris is due to issue a direction to all gardaí telling them not to penalise bars and restaurants serving alcohol in temporary outdoor dining areas.
According to The Irish Times, Mr Harris will issue the statement today, instructing officers to use their discretion when enforcing licencing laws, meaning premises acting responsibly will not be stopped from serving alcohol in these areas.
Concerns were raised over the weekend after gardaí said serving alcohol in temporary outdoor dining areas, established to facilitate greater levels of outdoor dining due to Covid-19 measures, was a breach of licencing legislation.
Officers were reported to have informed several pubs in Galway of the position last Thursday, which caused confusion among gardaí and businesses.
Earlier today, Minister for Justice Heather Humphreys said Mr Harris assured her “guards will apply discretion” regarding the matter, confirming he is to send the communiqué later today confirming the approach.
Ms Humphreys said she had also spoken to the Attorney General, who is currently examining the issue, adding: "If we have to make changes, we will do."
Earlier, the author of the definitive guide on licensing laws in Ireland said there has been no breach of legislation.
Constance Cassidy SC told RTÉ radio’s Today with Claire Byrne show there are three sets of regulations at play – Covid regulations, the licensing laws and local authority by-laws, but in her opinion there was no breach by allowing the drinking of alcohol outside premises, once the transaction of purchasing the alcohol took place on the licensed premises.
Once there were no public order offences, the law was clear and there was no breach in allowing the consumption of alcohol outside a premises, Ms Cassidy said.
‘Incompetency’
Aontú leader Peadar Tóibín accused the government of “incompetency” over its handling of the legal requirements of on-street drinking.
“It really beggars belief the level to which the government has mismanaged the hospitality industry,” he added.
“Firstly, Leo Varadkar has admitted that there is no science behind the arbitrary distinction between food and drink eaten inside a pub/restaurant, and food eaten inside a hotel.
“That the whole hospitality sector is not operating under the same science and regulations is incredible.
“Secondly, Ireland is a significant outlier in being one of the few countries in Europe that stills bans indoor dining and drinking.
“It’s incredible that the Restaurant Association of Ireland has had to lodge papers in the High Court to challenge this.” – Additional reporting: PA
