Gardai given power to fine drunks €100 on the spot

Officers can now also issue fines for €140 for being drunk and disorderly.

The move -- signed into law by Justice Minister Dermot Ahern this weekend -- has been introduced to avoid wasting garda time in prosecuting offenders before the courts.

Mr Ahern told the Irish Independent last night that the measure would hit the offender "in the pocket -- where it will really hurt".

It also means that anyone arrested for being drunk and disorderly in a public place can escape a criminal conviction on their record -- by paying their fine. The regulations back up other powers introduced last month, which gave gardai the authority to seize alcohol from youngsters and confiscate bottles or containers if there are fears of public disorder or damage to property. The regulations state that if a garda has formed the opinion that a person has committed either of those public order offences, he or she can serve a fixed-penalty notice.

This gives the offender the option of paying a fixed fine of €140 for disorderly conduct in a public place, or €100 for being drunk, instead of being prosecuted in a court.

However, the fine does not have to be paid immediately and the cash can be handed over within 28 days.

"Many would argue that if they have sufficient resources to become intoxicated to such an extent that they are causing trouble for ordinary people, then they can afford to pay the fine and it might also make them think twice before getting drunk and causing a nuisance for law abiding citizens," Mr Ahern said.

"We are all well aware of the public order problems caused by excessive alcohol. The issue is how do we deal with it."

Offenders

He asked: "Do we continue to clog up the courts and tie up gardai in legal proceedings while dealing with these offenders?"

Mr Ahern said the regulations provided the gardai with another tool in enforcing the law on public disorder. And he added that the new powers would also lead to a more efficient and effective use of garda resources and avoid court proceedings for less serious public order offences.

The regulations were signed into law under the provisions of the Intoxicating Liquor Act. The gardai also have the right to direct a person to leave an area in a peaceful manner.

Mr Ahern continued: "The prosecution of a person under 18 years will only arise where there is a failure to co-operate."

Fines for certain licensing offences are increased, while restrictions are being introduced on the advertising and supply of alcohol at reduced prices or free of charge.

This includes the use of bonus points, or loyalty cards, for the purchase of alcohol. The measures have been welcomed by senior gardai who also reminded parents and adults supplying alcohol to young people that they had special responsibilities.

Source: Tom Brady, Irish Independent, 15/09/2008