December 2008 Update
Welcome to our December Ezine.
Topics covered in this issue are as follows [ click to scroll down ] :
- Sale of Alcohol Bill
- Nightclub Permit
- National Employment Rights Authority [ NERA ]
- Drug Awareness on your Premises - Training Programme
Sale of Alcohol Bill
2009 is set to be the most important year for licensing legislation for a decade, with the planned introduction of the Sale of Alcohol Bill. The Bill has been several years in the making and is due to modernise and streamline liquor licensing in all of it's forms. The INIA are pushing for the Bill for be brought forward, as our sector seeks to be recognised and regulated, through positive and supportive legislation.
We have had 4 Intoxicating Liquor Acts between 2000 and 2008, but this will not be the case in coming years. This Bill will shape the operations of your Nightlcub business for several years to come, and it will be vital that each and every Nightclub Owner and Operator lobbys their local TD's when the time comes.
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Nightclub Permit
The INIA have been seeking the introduction of a Nightclub Permit since before 2000. It would be a very welcome development for our industry, and we must ensure the conditions of the permit, are supportive of our members needs. This permit will for the first time in Irish Law define the attributes and conditions of a Nightclub, which will represent a significant milestone in our associations history.
Nightclub Permit - Annual Application
The current system of the Special Exemption Order is simply not a viable way to run a business. Operating typically on a 4 weekly application, it is impractical, expensive and ill use of garda and court resources. The proposed Nightclub Permit will be granted annually at the annual licensing courts, which should result in a reduction of the costs associated.
Nightclub Permit - Last Orders
Hours of trading are obviously an important condition. We are still working on this element of our proposal, which is founded on feedback from our members. We will be seeking that Sundays nights be treated the same as every other night of the week. We will also be seeking the re-introduction of entertainment during the drink-up time.
Nightclub Permit - Fees
As you are all aware the cost of SEO's effectively doubled in 2008, to €410 euros per night. Our proposal for the Nightclub Permit fee is based on the number of nights per week the nightclub operates. We propose that this fee, would be €10,000 for every night of the week your nightclub operates. For example if your club operates 7 nights a week, your annual fee would be €70,000. If it only opened Thursday - Sunday inclusive, it would cost you €40,000 per annum. In addition to this, you may apply for special events / ad hoc nights, by applying to the district court, as you currently do for SEO's, and the fee for this would be in line with the SEO fee at that time.
Nightclub Permit - Other attributes/requirements:
There will be other conditions and attributes relating to dance floor areas, CCTV requirements, Security Staff to customer Ratios, RSA [ responsible serving of alcohol training ] , first aid training, minimum capacity etc which are being developed in advance of the Bill.
NERA
The Natioanl Employment Rights Authority [ NERA ] inspectors have been travelling the country, ensuring many that employers are carrying out their responsibilities in relation to their employees. With a particular focus on the correct payment of wages according to various JLC's [ Joint Labour Committees ] agreements. If you are unsure as to what all of this means, please take the time to visit www.employmentrights.ie
For your information I have attached some of the JLC's here, so you can see what we are talking about.
Broadly speaking, most venues are passing these inspections, with regards to their full time staff, as the minimum rate of pay[ as per the JLC's, plus any sunday premiums etc, is typically below the rate which the staff are being paid. It is important to note that where an employees rate of pay, includes sunday premiums and anti-social hours of work premiums etc [ known as composite rate ], this must be clearly detailed in their contract of employment.
Primarily where difficulties have arisen in inspections, is in relation to part time employess, who might only work weekends or indeed Saturday night into Sunday mornings. This area needs particular attention.
Outside Dublin Catering JLC Rates
Additionally there are two types of Hotel JLC's. For full list and details please go to following link :
http://www.labourcourt.ie/labour/labour.nsf/lookuppagelink/HomeRatesOfPay
What are the Inspectors looking for?
The biggest issues are Sunday Pay, the availability of Rosters and Contracts of Employment.
- Your (Employer) Registration number.
- Full name, address, PPS number of each employee, both part-time and full time.
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Terms of Employment for each employee.
- Payment details for each employee. This includes showing gross pay, rate per hour, overtime, deductions, shift and other premiums and allowances including Sunday pay etc.
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Copies of payslips.
- Hours of work for each employee (including starting and finishing times, meal breaks and rest periods). A roster must be maintained.
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Dates of commencement for each employee.
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Register of employees under 18.
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Annual leave and public holiday payments for each employee.
Premiums :
It is important to note that where premiums are applied, they are applied to the minimum rates of pay for the job title in question as per the JLC's, and not the rate that you pay your staff. ie. outside Dublin, according to the Catering JLC for that area, a barperson is entitled to double time on Sundays. The mimimum rate for a trained barperson [ with two years full service ] is entitled to €9.32 per hour. If that barperson works a sunday as part of their normal working week, they are entitled to double that rate. If you pay your barstaff a rate of €12 per hour, and includes the sunday premium, this covers the above, as long as it is detailed that way, in their contract of employment.
The correct implementation of the above, and importantly passing of the NERA inspections, requires significant effort on your behalf. It is fair to say that record keeping, good roster management, and good contracts are key elements. We recommend you seek expert advice / help in this regard.
"Drugs Awareness on Your Premises"
Training Programme
Pictured here (from l to r) is Chief Superintendent Pat Leahy of Store Street Garda Station, Mary Kennedy, Coordinator of RSA, the Responsible Serving of Alcohol Programme, and Barry O'Sullivan, Chief Executive of the Irish Nightclub Industry Association at the launch of the Drugs Awareness Training Programme for nightclubs and licensed premises.
The Irish Nightclub Industry Association, today (Friday, 05th December 2008) announced that it will roll out a nationwide Drugs Awareness Training Programme throughout 2009. The Drugs Awareness Programme seeks to raise awareness of the problem of drugs use (unlicensed toxins) and to educate owners, operators, management and staff of nightclubs and licensed premises of their rights, roles and indeed responsibilities. It will provide them with the knowledge required to identify, prevent and reduce, drug dealing and drug misuse within their premises.
The INIA in association with Mary Kennedy, coordinator of RSA, the Responsible Serving of Alcohol Programme, will roll out the training programme throughout 2009. The intensive training programme covers the law pertaining to the misuse of drugs, ensuring that venues are totally compliant with current legislation, as well as giving them industry best practice guidelines. The programme has been in-part tailored for late night venues but is available to, and will prove beneficial, across the broader spectrum of the hospitality industry.
Commenting on the training programme, Barry O’Sullivan, Chief Executive of the Irish Nightclub Industry Association said “Drugs misuse is a societal problem, not unique to any specific industry. Our members have legal responsibilities for their staff and their customers, and with this initiative we are trying to keep them informed on how best to provide a safe and drug free environment for socialising. This is the first time such a training programme will be available nationally, it is topical and relevant, and we expect industry wide demand for the training. The INIA is committed to helping our members continually improve their operations. This training programme forms part of a Nightclub Industry Best Practice initiative also being launched next year”
The Irish Nightclub Industry Association has developed the Drug Awareness Training Programme in association with the Gardaí, local Drug Task Forces, the HSE and other stakeholders.
This training program can be run as an add-on element to the Responsible Serving of Alcohol Training Program, or in isolation for in-house training programmes.
For full training & course details contact
Mary Kennedy on