New off-licences need planning permission

The growth in the number of off-licences will be curbed following the Government's decision to order all new ones to get planning…

The growth in the number of off-licences will be curbed following the Government's decision to order all new ones to get planning permission from local authorities. The changes have been made by Minister for the Environment Dick Roche to regulations under the Planning and Development Act, 2001.

"Planning permission is needed to open a chipper, for example, yet no planning permission is needed to open a full blown off-licence to sell all forms of beer, wines and spirits," said the Minister.

The tougher hurdle for new licences was supported by Minister for Justice Michael McDowell after he backed off plans to set up cafe bars.

Off licence sales have boomed in the last 18 months following the introduction of the smoking ban, which has encouraged significant numbers to drink at home.

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Currently off-licence developers have been able to open shops once they have bought a pub licence, usually from rural areas, at a cost of some €170,000.

The motion to amend the Planning and Development Act regulations, passed by 69 votes to 61 after a brief and little-noticed Dáil debate 10 days ago, will not affect shops seeking to sell small quantities of wine.

" will not affect the sale of wine as a subsidiary to the main use of the premises as a shop.

"The sale of wine from a corner-shop fridge, where it is a minor element of the overall trade of the shop, will not be affected," said Mr Roche.

The growth in off-licence sales has caused concern in many communities, particularly in the face of allegations that it has helped to fuel young people's alcohol consumption.

The need for planning permission will give local authorities "a direct input" into deciding on new off-licences, and "the right to determine what can and cannot happen" in their areas.

Fine Gael TD Fergus O'Dowd criticised Mr Roche's decision to exclude shops selling limited quantities of wine, saying this was ambiguous, lacked clarity and would be abused.

The Liquor Licensing Commission, in its May 2001 report, proposed that off-licences should be covered by the planning regulations, though the issue was sharply debated within the body.

Three members of the commission, director of consumer affairs Carmel Foley; Isolde Goggin, of the Competition Authority, and Brian Whitney, of the Department of Enterprise, Trade and Employment, opposed the change on the grounds that it would damage competition and act as a barrier to trade.

However, Mr Roche rejected the anti-competitive arguments.

"It is not my intention that this proposed regulation should be used to prevent consumer choice or to inhibit competition."

The off-licence business is now worth over €1.6 billion a year, and trade has doubled over the last six years.

This is partly because of the greater consumption of wine with meals at home and because of the smoking ban.

The acceleration in off-licence numbers has been aided by legislation passed in 2000 that allowed country pub licences to be bought up and transferred to Dublin.

Mark Hennessy

Mark Hennessy

Mark Hennessy is Ireland and Britain Editor with The Irish Times