The Guinness Express is set to roll again on the streets of Buncrana!
O’Flaherty’s Bar was previously prevented from operating their delivery service of pints of plain after Gardai confiscated 20 pints of porter.
It followed complaints from some members of the public over the service.
However, it has now been confirmed that pubs will now be able to operate during the Covid-19 lockdown, subject to certain restrictions, because of a “lack of clarity” in the liquor licensing laws.
Donegal Daily understands that O’Flahertys is planning to resume their delivery service because of local demand but not this evening because of poor weather conditions.
Garda Headquarters has sought legal advice on pubs delivering drinks and selling takeaway beverages from their premises and has been told that both practices do not contravene liquor licensing laws.
As long as drinks, including poured pints, are paid for on a licensed premises they can be delivered to customers.
Takeaway sales are also permitted once those buying drinks in that manner consume them more than 100 metres away from a pub and not in a public place.
The legal advice received by Garda headquarters is being circulated to every Garda member in the country.
It means pubs can operate delivery and off-sales as an “essential service” during the lockdown, like supermarkets, pharmacies, hardware stores and some other businesses.
However, after the legal advice received in recent days, such deliveries will be possible once the drinks are paid for in advance to a person on a pub’s premises.
“Holders of on-licences may deliver intoxicating liquor to consumers for consumption in their private residences where the sale takes place at the licensed premises,” the legal advice states.
“The law is unclear whether it is lawful for holders of on-licences to pour, prepare or decant intoxicating liquor at the delivery location, which is a public place. Therefore no offence is committed.”
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