Garda Commissioner Drew Harris is due to issue a direction to all gardaí telling them not to penalise bars and restaurants serving alcohol in temporary outdoor dining areas.
According to The Irish Times, Mr Harris will issue the statement today, instructing officers to use their discretion when enforcing licencing laws, meaning premises acting responsibly will not be stopped from serving alcohol in these areas.
Concerns were raised over the weekend after gardaí said serving alcohol in temporary outdoor dining areas, established to facilitate greater levels of outdoor dining due to Covid-19 measures, was a breach of licencing legislation.
Officers were reported to have informed several pubs in Galway of the position last Thursday, which caused confusion among gardaí and businesses.
Earlier today, Minister for Justice Heather Humphreys said Mr Harris assured her "guards will apply discretion" regarding the matter, confirming he is to send the communique later today confirming the approach.
Ms Humphreys said she had also spoken to the Attorney General, who is currently examining the issue, adding: "If we have to make changes, we will do."
Earlier, the author of the definitive guide on licensing laws in Ireland said there has been no breach of legislation.
Constance Cassidy SC told RTÉ radio’s Today with Claire Byrne show there are three sets of regulations at play – Covid regulations, the licensing laws and local authority by-laws, but in her opinion there was no breach by allowing the drinking of alcohol outside premises, once the transaction of purchasing the alcohol took place on the licensed premises.
Once there were no public order offences, the law was clear and there was no breach in allowing the consumption of alcohol outside a premises, Ms Cassidy said.
