- Opinion
- 07 Oct 04
The latest restrictions in the opening hours of clubs reveal that Irish policy-makers are afraid to treat citizens as adults, capable of managing their own lives.
The rumour machine had been in full flood for the previous few days. People knew that something was about to happen – but no one could say exactly what for sure.
One thing everyone in the entertainment business was agreed on – we were not about to see a change in the law that would herald a new golden era for night-life in Dublin.
Far from it. As the week wore on, dire predictions became more commonplace. Crippling restrictions were about to be introduced that would finish the Irish club scene off for good. Clubs would have their opening hours reduced by an hour, maybe more. It would be the end, or the beginning of the end at least.
In the event, developments proved not to be quite so dramatic. In the district court, Judge Peter Smithwick accepted the recommendations of the Gardai that certain venues in the city centre, operating with theatre licences, should be forced to shut up shop earlier. The Gardai advanced the case that public order issues were involved – and this was accepted by the Judge, who imposed a new 3am closing curfew, with clubs being forced to finish the entertainment at 2.30am.
Those affected by the ruling include The Sugar Club, Spirit, the Viper Room, the Gaiety Theatre and the Ambassador, among others – as well as certain lap dancing clubs in the city.
Many of these venues have been operating until 4am, and later, offering the final stopping-off point for clubbers and others partying into the wee small hours. It has been, over the last number of years, one of the most attractive aspects of the Dublin scene for visitors. The capital has developed a reputation as a good-time, party town, and these late night/early morning venues played a significant part in that. Now, it seems that the authorities are determined to put an end to it.
Why? That is the interesting question.
On the face of it, the suggestion by Gardai that they are concerned about public order issues seems a little disingenuous. There is scant evidence, for example, that either the Gaiety or the Sugar Club, to take two examples, have been a source of any difficulties whatsoever for the Gardai. But they will be hit by the new regime.
So what is really behind it? And now that the Gardai have a taste of victory, will they go for even further restrictions? That has to be a distinct possibility.
Let’s get this much out of the way: only a fool would attempt to deny that there is a problem with the culture of drinking in Ireland generally. But whether this has much – or indeed anything – to do with the opening hours of clubs is a different matter entirely.
The fracas that ended in the killing of the unfortunate Anthony Murphy outside Annabel’s Disco happened at the end of normal nightclub opening times. The bottom line is that people who are going to get very drunk are well capable of doing so within normal pub hours. Lots of them have been doing it for years.
Besides, whether changing current practice, in a way that is designed to drive bigger crowds out into the streets at more or less the same time, will do anything other than exacerbating the problem of maintaining public order is also a moot point.
But a new zeal for coercion has over-taken intelligent public policy-making in Ireland. The dominant philosophy now seems to be that you can force people to change their attitudes and their behaviour. And the Gardai are at the helm in this, apparently engaged in a campaign to bend society to fit their agenda for an easy life. Well, here’s a forecast: this latest move ain’t gonna make a blind bit of difference to the extent of drunken-ness in Dublin.
Anyway, the decision begs a different kind of question entirely. Is the working assumption that Irish people have to be treated like children all the time and told when to go home to bed? Is it not possible to treat them with a modicum of respect? Is it not possible to organise the licensing laws in a way that allows ordinary, decent, law-abiding people to stay out enjoying themselves until 4 or 5 in the morning, if that is what they want and choose to do?
The Minister for Justice Michael McDowell presents himself as a liberal in relation to matters of personal freedom. Now he has the opportunity to demonstrate his credentials.
There is no doubt that a comprehensive change in the licensing laws is necessary. To begin with, instead of the current system where clubs are forced to operate on extensions which are at the whim of the Gardai and the courts, we need a license specifically for nightclubs, which would allow club venues to stay open later than pubs – ideally until at least 3am.
The current theatre licence arrangement also needs to be reviewed – but there is certainly an argument for allowing places where live performers are being employed to stay open later again, as is the current practice.
At present, in overall terms the law is a maze, with premises needing not just a licence to sell alcohol, and extensions a-go-go if they want to stay open late, but also a singing and dancing licence. There is no need for this confusing double-licensing.
So, it is certainly time for a new deal in this area – but not the one that the Gardai have in mind. For sure, we need to address the issue of excessive alcohol consumption among Irish people. But we also need to address the issue of treating Irish citizens as if they are incapable of managing their own lives without the State intruding in the most knee jerk, ill informed, condescending and paternalistic way.
Over to you, Minister.