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A loophole has allowed Dublin beer lovers to continue to get take out drinks despite the government’s stance against them.
Taoiseach Micheal Martin warned earlier this year that people should forget about take-out pints, but gardai can’t stop pubs from selling them.
Pub owners have been frustrated at the lack of a plan to reopen the pub and have asked for a financial package to help struggling owners.
Martin previously said, “Forget pints to go, alcohol to go. No bartender should sell pints to go.”
“This is a very serious situation we are in. It leads to the congregation, it leads to the gathering of people who can spread the disease and the virus.
“That is a very, very clear message from me and the government.”
Although the warning on take-out pints was issued in January, no measure was enacted to restrict the sale of take-out alcohol and it is not illegal.
A Garda spokesperson told Dublin Live today: “The sale of take-out alcohol in licensed premises is currently not a criminal regulation and is therefore not a crime.
“With regard to the regulations, which are declared as Criminal Regulations under the Health Act of 1947 as amended, An Garda Síochána continues to adopt the approach of the Four Is that they see Gardaí involve, explain, encourage and as a last resort, enforce. “
A spokeswoman for the Department of Health previously told Dublin Live in February: “Under current Covid-19 restrictions, cafes, bars, restaurants and pubs can only sell food or drink, including intoxicating liquor, to go. This is stated in SI 701 of 2020 “.
Alcoholic beverage licensing laws at this time require that take-out alcohol consumption must take place within 100 meters of the public from whom the beverage was purchased.
This means that drinking pints to take out outdoors and in parks is legal, subject to local county and city ordinances, once consumption takes place more than 100 meters from pubs.
However, Gardai can act on public order incidents if they arise between people who drink alcohol to go and can act on other infractions, such as mass gatherings between those who have bought alcohol to go.
Official government level 5 regulations state that wet bars remain closed and bars serving food may offer “takeaway and delivery only.”
Nothing has changed regarding the law allowing off-site commerce.
It remains a matter for individual bar owners, although they have been urged to responsibly adhere to public health guidelines.
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