COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, December 13, 2010
QUESTION NO. 5
QUESTION: Councillor S. Crowe
To ask the Manager will he/she give a report outlining how the scheme is functioning and how many fines have actually been given and processed in relation to individuals drinking alcohol in parks and public spaces since the passing of the South Dublin County Council Byelaws in relation to this matter?
REPLY:
The Bye-Laws that are currently being enforced by the Council's Parks Department are the Prohibition of Consumption of Intoxicating Liquor in Public Bye-Laws, 2001 which came into affect on 9th of August 2001.
The licence to sell alcohol is administered by the Court Services in association with the Garda Siochana.
These bye-laws prohibit the consumption or attempted consumption of intoxicating liquor in a public place within the functional area of the Council or the possession of intoxicating liquor in a public place within the functional area of the Council with the intention to consume it in a public place or to supply it to any person for consumption in a public place within the functional area
A person who contravenes the Bye-Laws shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1,269.74
Where an authorised person or a member of the Garda Siochana suspects with reasonable cause that an offence under the bye-laws is being or has been committed he/she may seize, remove and destroy the intoxicating liquor and the containers relevant to the suspected offence.
Where an authorised person and/or a member of the Garda Siochana has reasonable grounds for believing that a person is contravening or has contravened a provision of these Bye-Laws, he/she may direct the person to refrain from acting in such a manner and leave immediately the vicinity of the place concerned in a peaceable and orderly manner.
A person who obstructs or impedes or refuses to comply with a request of an authorised person and/or a member of the Garda Siochana in accordance with section 5(1) of the bye-laws shall be guilty of an offence under the bye laws and shall be liable on summary conviction to a fine not exceeding €1269.74.
Where an authorised person and/or member of the Garda Siochana is of the opinion that a person is committing or has committed an offence to which the bye-laws relate, the authorised person and/or the member of the Garda Siochana may demand the name and address of such person
Where a person whose name and address is requested of him/her under sub-section 4 of the bye-laws, refuses or fails to give his/her name and address, or gives a name and address which is false or misleading he/she shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €1269.74
Where a member of the Garda Siochana is of the opinion with reasonable cause that a person is committing or has committed an offence under these Bye-Laws, that member may arrest such person without warrant.
Notwithstanding the remedy provided for in paragraph 3 of these Bye-Laws, i.e. summary conviction to a fine not exceeding €1269.74, an authorised person or a member of the Garda Siochana may, pursuant to Section41 of the Local Government Act 1994, serve a fixed payment notice (within the meaning of Section 41 aforesaid) on any person who in his/her opinion is committing an offence by virtue of a contravention of these Bye-Laws. Such fixed payment notice shall specify the amount of the fixed payment and the period within which the fixed payment must be paid in order to avoid prosecution and shall be in the general form of the notice set out in the first schedule of the Local Government Act, 1994 (Bye-Laws) Regulations, 1995 - SI No. 360 of 1995, (or as provided for in any amending regulations) but subject to alterations thereto as the Council may consider appropriate in the case of these Bye-Laws. The amount of the fixed payment applicable to the fixed payment notice shall be €63.50.
The procedure for pursuing offenders is as follows;
Gardai notify the Council to issue Fixed Payment Notice with relevant details re: name, address & date of birth,
Parks Staff issue Fixed Payment Notice allowing 21 days for payment, failing this a Reminder notice is issued stating that if payment is not received within 7 days legal proceeding will be commenced. If no payment is received the Councils legal Department is instructed to issue summons and seek a Court date.
Since August 2001 3,906 fines have issued and a total of 2,089 fixed payment notices have been paid which represents 53%.
Of the remaining cases which were sent to Court - 59% resulted in Fines and the remainder were unsuccessful.