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Public Health (Alcohol) 2015 11 years 2 months ago #19

"Ciderhead":31kbypil wrote: I'm sure the will be an ammendment to cover commercial samples.[/quote:31kbypil]

I don't see why you are sure about that. Have you heard anyone in power mentioning such an amendment?

I would imagine this will be dealt with like much of Irish law; through the magic of selective enforcement. As long as no one makes a hooha about it and no one takes the piss, samples etc. will be quietly ignored even if they are technically illegal.

Public Health (Alcohol) 2015 11 years 2 months ago #20

There are enough vested interests to fight for this if it becomes a problem. But if they're putting in wording to allow it, I think it's important that we see it. Wording that allows for commercial samples and in-store tasting may not allow for homebrew meets or festival tasters, say.

I think the root problem is that this draft bill is a hodge-podge of tobacco and sunbed laws that haven't really been thought through when applied to alcohol.

Public Health (Alcohol) 2015 11 years 2 months ago #21

"TheBeerNut":3nie0eeg wrote: So that's the end of your free samples of chablis in Donnybrook Fair, right? No more meet-the-brewer nights or homebrew meetings either. The end of taste-before-you-buy at the bar. Am I reading this right, or is there a reason everyone else isn't screaming?[/quote:3nie0eeg]

Very good spot. "Supply" is interpreted in the Misuse of Drugs Act 1977[/url:3nie0eeg] as including "giving without payment". At the lack of a definition in this Bill (or other alcohol legislation), the MDA would probably be a good reference point for any judge.

It's most likely done to prevent a business from, say, offering one beer for above the minimum price and then offering a second one free, to evade the law. If it were applied commercially and non-commercially alike, it would also technically make it illegal to give a glass of wine or beer to your friends.

It's likely that the Oireachtas never intended it to extend to these kinds of things. In reality, giving a glass of beer to your friends will highly unlikely see a prosecution. But, the free sample tasting etc. that you mention, I wouldn't be so sure about their safety.

Also, see section 5:

[quote:3nie0eeg]
It shall be an offence for a person to–
(a) Manufacture
(f) Distribute free of charge, or
(g) Supply for any of those purposes (whether or not for profit),

any alcohol product container that does not bear:

(a) the quantity in grams of alcohol;
(b) energy value;
(c) a warning about the danger of consuming alcohol
(d) a warning about the danger of consuming alcohol when pregnant.[/quote:3nie0eeg]

So, if you give a non-labelled bottle of homebrew to your friend, you'll be guilty of an offence. The (first time) penalty for which is a maximum of 6 months in prison or a €4,000 fine or both.

Public Health (Alcohol) 2015 11 years 2 months ago #22

How does this differ from the Scottish version which is undergoing a review in Europe?

If the Scottish version is rejected does the Irish version fail also?

Public Health (Alcohol) 2015 11 years 2 months ago #23

"Paz-CCFC":3uwu56k2 wrote: So, if you give a non-labelled bottle of homebrew to your friend, you'll be guilty of an offence.[/quote:3uwu56k2]That's true, but it's unenforceable so it doesn't [i:3uwu56k2]really [/i:3uwu56k2]matter. But as you say, where a commercial licence-holder is involved, there appears to be a real problem.

Public Health (Alcohol) 2015 11 years 2 months ago #24

"CDow":1zkdbi7q wrote: How does this differ from the Scottish version which is undergoing a review in Europe?[/quote:1zkdbi7q]I haven't compared.

"CDow":1zkdbi7q wrote: If the Scottish version is rejected does the Irish version fail also?
[/quote:1zkdbi7q]Not automatically AFAIK, it would have to be challenged. The problem here is that the Scottish one has a powerful opponent in the spirits industry, who make real money from their £8 bottles of gin and whisky. The Irish one seems to have hit a very sweet spot where big beer, big pub, independent traders and the health taliban are all happy with it. Which is not good for li'l ol' us.

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