Pubs will have to prove to gardai they are safe
Pubs in Donegal and right around Ireland face Covid-19 compliance inspections from the gardaí and could face prosecution and potential loss of licence if found to be breaking the law when it comes to protecting their customers from infection.
Gardaí have confirmed that officers are to conduct checks of licenced premises nationwide in relation to adherence to the public health guidelines.
A statement said this follows concerns from Garda management, the public and industry representative bodies that some licensed premises and their customers have not been adhering to the public health guidelines since the re-opening of licensed premises on Monday of this week. The public health guidelines are in place to help stop the spread of COVID-19.
Operation Navigation commenced on Friday night. John Twomey, the deputy commissioner for policing and security, said:
"When licenced premises were initially shut under the public health guidelines An Garda Síochána checked thousands of licensed premises to ensure they remained closed, which the vast, vast majority did. Our intention in this latest phase was to conduct a large number of spot-checks of licensed premises.
"However, it now appears that just a few days after their introduction some licensed premises and their customers are ignoring the public health guidelines. By doing so, they are putting themselves and everyone they then come into contact with at risk of getting COVID-19. This is not acceptable and we are now expanding our planned checks," he said.
Gardaí say they have issued an operational order to all local Garda managers that licensed premises in their area operating at the moment are to be checked for adherence to The Health Act 1947 (Section 31A-Temporary Restrictions) (COVID-19) (No.3) Regulations 2020.
In supporting the COVID-19 public health regulations and guidelines, the Gardaí has, and will continue to, adopt, a graduated policing response based on its tradition of policing by consent. This has seen Garda members engage, educate, encourage and, as a last resort, enforce.
The Health Act 1947 (Section 31A-Temporary Restrictions) (COVID-19) (No.3) Regulations 2020 are currently in effect until the 20th July 2020, which set out certain penal provisions. Social distancing and other similar public health guidelines are not penal provisions.
Garda headquarters says that where potential breaches of the Public Health Regulations are identified, and where a person does not come into compliance with the regulations, a file is submitted to the Director of Public Prosecutions for a direction as to how to proceed.
In addition, under liquor licensing laws, licensed premises requires a declaration of suitability from a member of An Garda Síochána in order for its liquor license to be renewed.
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