Denying entry to a garda trying to inspect a pub for compliance with Covid-19 regulations will result in a fine of up to €2,500 on conviction, under new laws published by the Government on Tuesday.
The Bill, which will be debated on Wednesday by the Dáil, details wide-reaching powers for gardaí to inspect licensed premises such as pubs and restaurants for their compliance with public health rules.
It gives members of the force powers to issue immediate closure orders on premises that do not comply with a direction to close, and exposes anyone who refuses to comply with such an order to a similar fine and up to six months’ imprisonment, if convicted.
The immediate closure orders will initially apply for the day on which the order is issued only, including any period after midnight that a premises is allowed to be open. However, the legislation outlines that emergency closure orders served for failing to comply with more than one direction from a garda will apply for up to three days.
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Closure orders
The longer closure period can only be imposed after an application to the District Court by a garda ranked superintendent or higher. A garda of such a rank also has to approve an initial immediate closure order, but can do so without recourse to the courts.
The legislation also gives the gardaí powers to apply to the District Court for a temporary closure order if a premises fails to obey a compliance notice handed down alongside the immediate closure order.
Such an order carries stricter penalties, including the closure of a pub or restaurant for up to seven days for a first offence, and up to 30 days for a second transgression. Publicans who reopen their premises during an enforced closure could face a fine of €5,000 or one year in jail. The legislation is time-bound until November 9th this year.
Protocols for opening
Elsewhere, vintners groups have written to Tánaiste Leo Varadkar, Minister for Health Stephen Donnelly and acting chief medical officer Dr Ronan Glynn to request a meeting on the protocols for pubs to reopen.
After a Cabinet meeting last week, Mr Varadkar said the Government intended to work with the State’s public health team to draft protocols which might allow pubs to reopen.
Donall O’Keeffe, chief executive of the Licensed Vintners’ Association, said he wanted the meeting to discuss the protocols mentioned by the Tánaiste. “What does he mean by that, what conditions need to be met to allow pubs reopen and when does he see those conditions being met.”
He said Dr Glynn “needs to help us to understand the conditions that need to be met for pubs to reopen”.
Pádraig Cribben, chief executive of the Vintners' Federation of Ireland, said he wanted an explanation as to why pubs across Europe were reopening while Irish premises remained shut.
“It’s the same science across Europe, but we’re interpreting it differently as far as the pubs are concerned,” he said.
