You will have already received your 2009 membership pack in the post. It gave you details of our national executive committee for 2009, outlined our goals for the coming year, requested your contribution to our industry survey, and gave details of the incoming provisions of the Public Health ( Tobacco ) Acts 2002 and 2004, and the current provisions of the Control of Noise at work.
The INIA's ability to represent, promote and protect your business interests depends on your membership fees. Please ensure prompt payment of your 2009 membership fees.
If you have any feedback, or an issue you would like more information on or covered in the next Ezine, please feel free to contact us.
Updates on current issues
4. NERA [ National Employment Rights Authority ]
5. Cost of Special Exemption Orders
6. NightSafe - Drugs Awareness
7. Industry assessment by economist Constantin Gurdgiev
8. MEAS Guidelines and 3rd Report
10. Noise Assessment - DCU Master's Research
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.
Our proposed Nightclub Permit, will not only reduce your annual licensing costs, and take away the uncertainty of a monthly application process, but it will add real value to any licensed premises which benefits from it.
Additional features of the INIA proposed Nightclub Permit were covered in the December 2008 Ezine. [ Click here to view that Ezine ]
Industry Survey Results
We have recently concluded our Industry Survey, sincere thanks to those of you who participated. Here are some of the topline figures from that survey.
The average nightclub in Ireland :
- has a capacity of 972 persons
- has an average weekly attendance of 2470 persons
- with a weekly total turnover of just over €60k
- a weekly bar turnover of approximately €44k
- an average bar spend per head of €17
- a total spend per head of €25
The average nightclub employs 9 full time staff, and 33 part time staff. [ includes sub-contractors, such as security, DJ's, entertainment etc ]
Size of Nightclubs
20% of the responses came from nightclubs with a capacity of 600 or less.
35% of the reponses came from nightclubs with a capacity between 601 and 999.
44% of the responses came from nightclubs with a capacity in excess of 1000.
Location of Nightclubs
35% of responses were Dublin based Nightclubs.
25% of responses were from the 5 other cities
[ Galway, Cork, Limerick, Waterford & Kilkenny ]
40% of responses came from outside the above 6 cities ie large urban centres.
All those who took part in the survey, will receive full results of the survey, showing the above details broken down into various demographics, including capacity utilisations figures.
This survey will be carried out annually, and we look forward to your involvement in 2010.
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NERA [ National Employment Rights Authority ]
Over the past year, through increased inspections, NERA have been trying to enforce and agreement reached in the 1980's, where a sunday premium is paid to employees [ under the Catering JLC's ] of time and a third was paid in parts of Dublin, and double time elsewhere.
An Agreement between employers groups and the unions has been made, which now sees the terms of the Dublin JLC [ which includes issues such as sick pay ], applied nationwide. Despite this initial agreement, the Quick Service Food Alliance are taking a case in the High Court to challenge the constitutionality of certain sections of the Industrial Relations Acts 1946 and 1990, from which the JLC's derive their power. Should this case be successful, it will have significant positive implications on the cost of running your business, as it will impact all JLC's.
The High Court challenge has been served and the QSFA have received verification of same from the Chief State Solicitors Office. They expect to have a hearing date by the end of March.The basis of the challenge is that it is “an unlawful delegation of power”. The success of the case would eliminate the legality and enforceability of the Catering JLC for both past and future. [ this is hugely significant, as it would negate any back payments, which in itself has closed many businesses throughout Ireland ]
John Grace’s Fried Chicken Limited , John Grace and the Quick Service Food Alliance Limited
High Court No.: 2008/10663P
You can individually support the QSFA and the challenge above by making a contribution to the Challenge Fighting Fund.
The above case could expose the QSFA to costs of €500,000, and they need to demonstrate to the court an ability to pay for the case to go ahead. They are now collecting funds from both members and other businesses affected. Those who contribute to this fund will receive a receipt for the amount and should the case succeed ( they are extremely confident ) they expect to return the greater portion of each contribution.
This case presents a unique opportunity to remove the JLC system and give businesses some breathing space during these difficult times. You support would be greatly appreciated.If you have any queries regarding the above matters, please contact the QSFA directly, John Grace, Chairman, 087 2988619, info@qsfa.ie
Assessment by Economist Constantin Gurdgiev
The INIA commissioned Dr Constantin Gurdgeiv to do a socio-economic assessment of the various proposals of the INIA, namely the introduction of the nightclub permit, for standard trading hours across the seven nights of the week, for the re-introduction of entertainment during drinking up time, and for the reform of the system of closing times in the capital city Dublin, resulting in extended trading hours, and sequential closing of licensed premises.
The report looks at the current legislative framework, details numerous shortcomings, outlines the consequences of legislative changes in recent years and resulting trends including consumer behaviour, compares our national licensing policies to 10 other european countries, and 1o other european capitals.
The report then fully details the INIA proposals, and evaluates thems in terms of their Economic benefits, and their Social benefits. The proposals result in significant benefits to the exchequer, with the net economic gain to the economy being in excess of €87 mln per annum. The reforms will result in an increase of some 1650 full time equivalent jobs in the industry.
The social benefits of the introduction of a nightclub permit, with inherent better safety features than any other licensed premises, or indeed home drinking are outlined. The social benefits of the re-introduction of entertainment during drinking up time are also detailed. The author then draws on Irish and international evidence to explicitly show demonstrate the benefits of sequential closing.
This report is almost concluded, and will form a crucial part of our efforts to positively influence the Sale of Alcohol Bill. It will be circulated to members upon completion.
MEAS Guidelines and 3rd Report
The INIA are members of the Drinks Industry Group of Ireland [ for details www.drinksindustry.ie ], and included in this membership is our commitment to improving standards and practice in the promotion and sale of alcohol, and driving irresponsible practices out of the industry.
MEAS [ Mature Enjoyment of Alcohol in Society ] have produced a Code of Practice, which can be downloaded here
MEAS Code of Practice on the naming, packaging and promotion of alcohol.
Promotional Guidelines issued by MEAS :
There are many different types of sales promotions, but what is fundamental, is that a promotion should not :
Encourage excessive drinking or drunkenness
Encourage anti-social behaviour
Offend common standards of taste and decency
Examples of irresponsible / unlawful promotions :
The following promotions have been identified and agreed by MEAS, to be those that should not be run as they are either unlawful, or entail a disproportionate risk that they will lead directly to alcohol misuse and anti-social behaviour :
- Promotions that involve free drinks or reduced price drinks for a limited period of the day.
- Promotions that involve buying an alcoholic product to get another free, or promotions offering two alcoholic products for the price of one.
- Entry fees that are linked with unlimited free drinks eg €20 admission which includes all drinks.
- Alcohol promotions should not be promoted on youth orientated websites such as BEBO.
A free confidential advisory service is available from MEAS. Call (01) 6114811.
As outlined the above are guidelines and codes issued by MEAS. You can see from the MEAS 3rd report, the type, outcome, and level of complaints being handled by MEAS.
In recent weeks there has been significant media attention surrounding two complaints handled by MEAS. Some samples of the negative press can be viewed here :
Media Clipping 1 Media Clipping 2 Media Clipping 3 Media Clipping 4
Repak Membership
All businesses which supply goods or products which are packaged for sale or consumption on the premises are deemed to be producers of packaging waste. This means that all publicans, hoteliers and nightclub operators that supply/sell bottled drinks, are deemed to be a producer and fall under the requirements of the Waste Management [ Packaging ] Regulations 1997.
The cost of Repak membership and joining fee, depends on the level of waste you produce. Full details of your obligations, and the special offer from Repak, valid until May 31st 2009, are in the attached proposal from Repak.
Repak Nightclub Membership Proposal.
Master's Research :
A Risk Assessment of employee noise exposure in Nightclubs in Ireland. [ Research limited to Leinster Region ]
As part of her master's research thesis, full time research masters student Aoife Kelly is carrying our a risk assessment of employee noise exposure in Nightclubs.
The research aim of the research is to produce guidelines, specific for the Nightclub Industry [ which currrently don't exist ], on effective measures by which the noise exposure for staff may be reduced, without reducing the enjoyment or desired experience of nightclub patrons.
The assessment is designed to be as non-intrusive as possible. There will be no venue specific information detailed in the thesis, or indeed shared with any third party ie confidentiality is guaranteed.
The aims, benefits and requirements of the assessment are outlined in the attached document received from Aoife, along with her contact details, should you wish to take part.
If you are looking for information, on what the regulations are currently, the link below gives a reasonably good overview of your responsibilities in relation to occupational noise.
Overview of your current Responsibilities
This material is not intended to provide, and does not constitute, legal or any other advice, on any particular matter, and is provided for general information purpose only.