E-Malt.com News article: Ireland: The Irish Brewers Association demands putting beer on open display

The Irish Brewers Association (IBA) has accused the Department of Justice of discriminating against beer and spirits drinkers. The Intoxicating Liquor Act 2008 proposed by the government bans beer and whiskies from open display in the aisles of small to medium-sized shops, yet an amendment to the act would allow customers to browse freely around displays of wine, The Guardian wrote on August 3.

The IBA confirmed this weekend that it is considering a legal challenge, saying it fears the ban would lead to job losses and shop closures.

'It's grossly unfair to suggest that Irish wine drinkers are more responsible than beer or spirits drinkers,' said Stephen Lynam, the IBA's chief executive, adding that the proposal also created a disadvantage for products in competition with wine. 'The European Court of Justice (ECJ) has already determined beer and wine to be competing products and obliges the Irish government to tax wine and beer on a basis which is non-discriminatory,' he said. 'The proposed amendment could therefore be counter to the ECJ finding and be open to legal challenge.

'What is more, the beer consumed in this country is primarily domestically manufactured, using Irish agricultural materials and supporting local employment. The proposed legislation discriminates against an indigenous manufacturing industry that supports over 2,000 jobs and raises over €900m in tax revenue.'

If section 8 of the act were to be introduced, retailers would be required to sell alcohol products in a part of their premises separated from the rest of the store by a 'wall or similar barrier'. Alcohol sales would be permitted only from a part of the premises from which the public are excluded, such as behind a counter.

TDs from all parties should lobby Justice Minister Dermot Ahern because the move 'is anti-competitive and counter-productive', Lynam said.

A spokeswoman for the Department of Justice stressed that section 8 has not yet been put through. She said the minister was still open-minded about a proposed voluntary code of practice by alcohol retailers as an alternative. The minister would be prepared to rethink the proposal to stop browsing for beer, whiskey, gin, vodka and other spirits in shops, she added.

Responding to the concerns of the drinks industry, Ahern said: 'If the code is subject to independent verification on an annual basis, I would be disposed to defer implementation of section 8 for the present. If independent verification of compliance were to show that the code is being implemented effectively across the country, and achieving in effect what we have set out to achieve through structural separation, it may not be necessary to commence section 8. If not, I will not hesitate to do so.'

The government has proposed the Act in an effort to clamp down on rising drink-fuelled anti-social behaviour, as well as improve public health, she claimed.


06 August, 2008