Gardaí in Galway raised concerns about pubs serving alcohol outside as early as May 7th.
Over the weekend, Gardai confirmed that licensed premises are not legally allowed to serve alcoholic drinks in outdoor dining areas set up due to covid restrictions.
"Issue was raised by me, as far back as the 7th of May," said Chief Superintendent Tom Curley to a meeting of the Galway City Joint-Policing Committee meeting earlier today (Monday).
"I've had discussions with the City Manager in relation to it as well and discussed it at a regional meeting with our Assistant Commissioner.
"Where I'm sitting, the actual section of the by-laws with the tables and chairs outside does not cover the consumption of alcohol.
"I'm not, and never have been a killjoy in relation to Galway, and in promoting Galway city - I have a duty to uphold the law."
The Justice Minister says Gardaí will use their discretion to deal with pubs and restaurants serving alcohol in temporary seating areas.
Gardai have flagged that drinking alcohol in these outdoor seating areas is not permitted unless specifically provided for in a liquor license obtained in court or where by-laws permit the drinking of alcohol in public.
I have been in regular contact with the Garda Commissioner on the issue of outdoor dining and how best An Garda Síochána will work to facilitate us all enjoying an outdoor summer. We spoke again this morning.
— Heather Humphreys (@HHumphreysFG) June 21, 2021
Justice Minister Heather Humphreys spoke to the Garda Commissioner about the issue this morning and she says Commissioner Drew Harris has assured her that discretion will continue to be applied by Gardaí in their engagements with licensed premises. a notice will be sent out across An Garda Siochana to clarify the issue.
Minister Humphreys also spoke to the Attorney General this morning and further action will be taken if necessary.
However, I will also examine whether further measures are required from Government. Licencing law is a complex area but I have spoken to the Attorney General this morning and we will take further action if necessary.
— Heather Humphreys (@HHumphreysFG) June 21, 2021
She noted that the overwhelming majority of licensed premises are operating safely, but committed to examining whether further measures are required from Government.