Outdoor Events

Thursday, 4 December 2025

Ceisteanna (365, 366)

Michael Fitzmaurice

Ceist:

365. Deputy Michael Fitzmaurice asked the Minister for Justice, Home Affairs and Migration whether it is intended to continue the practice of licensing public roads, footpaths and public spaces for use by outdoor commercial premises, particularly in circumstances where the licensed areas are remote or freestanding and are separated from the licensed premises by a public footpath or other public space; the legal basis in such cases for granting such licences; the policy intention regarding their long-term or permanent use; the arrangements proposed to address responsibility, liability and insurance for these non-contiguous areas that remain in public ownership; and if he will make a statement on the matter. [68548/25]

Amharc ar fhreagra

Michael Fitzmaurice

Ceist:

366. Deputy Michael Fitzmaurice asked the Minister for Justice, Home Affairs and Migration whether the Civil Law (Miscellaneous Provisions) Act 2021 has been extended; if not, if he plans to extend the Act, to provide for the licensing of alcohol consumption in outdoor seating areas located on public property that is abutting, adjoining, or remote and freestanding on public roads; if so, the specific legal provisions that now apply to such areas; in circumstances in which alcohol is conveyed from a licensed premises across an unlicensed public footpath or other public space to reach such an area; the legal basis that permits this movement; the way in which compliance with existing liquor legislation and the Public Health (Alcohol) Act 2018 will be ensured, particularly where children may be present; the way in which these areas are mapped and recorded in the annual licensing court process; the way in which public participation will be facilitated on a yearly basis given that these authorisations are described as temporary; the way in which the granting of street furniture licences that allow private commercial use of public land is reconciled with existing licensing law; and if he will make a statement on the matter. [68549/25]

Amharc ar fhreagra

Freagraí scríofa

Minister for Justice, Home Affairs and Migration

I propose to take Questions Nos. 365 and 366 together.

The provisions in the Civil Law (Miscellaneous Provisions) Act 2021 were extended on 26 November 2025, for a further six months, until 31 May 2026.

Street furniture licences are issued by the relevant Local Authority under Section 254 of the Planning and Development Act 2000. It is, therefore, a matter for the relevant Local Authority to determine the precise area of public land that will be subject to a Street Furniture Licence. Queries in respect of the specifics of Street Furniture Licences should be directed to the Minister for Housing, Local Government and Heritage.

A licensee who successfully applies and is granted a Street Furniture Licence pursuant to s.254 submits this authorisation to the District Court (for a licence renewal) or to the Circuit Court (for a first time applicant), along with a map which delineates the area authorised for use by the Street Furniture Licence in red. The area provided for in the Street Furniture Licence is then deemed to be part of the licensed premises and therefore subject to the provisions of the licensing Acts and the Public Order Acts, as well as for insurance purposes etc.

As part of the licenced premises, subject to the provisions of the Licensing Acts, a failure by a licensee to adhere to the law in respect of the presence of children on a licensed premises applies to the outdoor seating area. Failure to adhere to these provisions is a breach of the law, and a licensee could be subject to a number of sanctions including criminal sanction and/or the forfeiture of their licence.

Compliance in relation to the Public Health (Alcohol) Act 2018 is a matter for the Minister for Health.

In May of this year the Government approved the priority drafting of the Criminal Law and Civil Law (Miscellaneous Provisions) Bill 2025. This Bill will contain provisions to put outdoor seating on a permanent statutory footing and will remove the need for the continued renewal of these provisions by resolution every six months going forward.

Question No. 366 answered with Question No. 365.

Question No. 367 answered with Question No. 127.