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Publicans condemn 'crazy' new rule to retain orders for 28 days

Updated / Friday, 4 Sep 2020 07:05
The new regulation requires pubs and restaurants to keep customers' food orders for 28 days
The new regulation requires pubs and restaurants to keep customers' food orders for 28 days

Publicans have criticised what they describe as "crazy" a new law requiring restaurants and pubs serving food to record all individual food orders and keep the information for 28 days.

The Vintners' Federation of Ireland (VFI), representing rural publicans, said the temporary rule, contained in a statutory instrument introduced, is "bureaucracy gone mad".

"This is crazy stuff," said Padraig Cribben, chief executive of the VFI.

"The idea that a pub must record all food ordered by each customer and then store it for 28 days is bureaucracy gone mad.

"Not only is it too impractical for our members to implement, but why does the Government think this law will help in the fight against Covid? It's madness."

Mr Cribben said the requirement will add a huge burden to already struggling businesses.

"We're all for making customers feel safe in our pubs but this new measure only increases pressure on staff already coping with a host of new safety measures," he said.

The VFI boss said the move had been introduced without any consultation with the sector and shows a lack of understanding.

The statutory instrument introduced today also includes the extension of closing time for pubs to 11.30pm.

Minister of State at the Department of Business Enterprise and Innovation Damien English acknowledged that the new rules would mean "more hassle" and "more paperwork." 

However, speaking on RTÉ's Prime Time, Mr English said the measure was not about what a person ate, but was rather "proof that they did eat".

"This is to enable public health teams as well as the gardaí to monitor compliance with the regulations."

The minister said this was to protect people, help reopen businesses and "ensure a level playing field".

Mr English said most businesses would record this information anyway.

Noel Anderson, incoming chair of the Dublin-based Licensed Vintners' Association, condemned the new regulation.

The managing director of The Bridge and Lemon & Duke pubs in Dublin city centre said: "At this stage if you did not laugh you would just start crying. For me it's a step too far, it's just farcical".

Speaking on RTÉ's Drivetime, he added: "We are one of the lucky ones that have the technology to record information automatically, but a lot of smaller bars and restaurants do not. So you are creating a paperwork mountain for them.

"The guards are pretty busy as they are so I do not know who is going to enforce this. We got a one line email this morning, it was a bolt out of the blue.

"It will mean additional staff, you'd nearly need another full time person. And this at a time when hospitality is on its knees."

Asked about the new Stay and Spend scheme, Mr Anderson said it was too complicated. "I don't think it will be good for Dublin city. And you can't put bums on seats in bars that remain closed.

"It looks like politicians want to be seen to be doing something."

Mr Anderson added: "Business is extremely difficult at the moment, but mentally it is good for me to be up and trading. I take phone calls from publicans every day who are suffering really badly, mentally.

"We need way more Government assistance for the pub and hospitality sector."

Asked if the new road map being planned for mid September would point the way for the reopening of 'wet' pubs, he replied: "Well, we certainly hope so, but there are no guarantees. If there was a concrete date for reopening that would be some relief."

Earlier, Fianna Fáil TD and party spokesman on tourism Marc MacSharry sent correspondence to the Taoiseach and other ministers asking them to alter what he said were the "Stasi" like new guidelines.

The private correspondence seen by RTÉ News stated that the new regulations were a "step too far".

Mr MacSharry, also speaking on Drivetime, said: "Nobody wants to risk the hard fought-for gains in the fight against Covid, but to be asking what someone had for their dinner is unnecessary nonsense.

"It is time for business voices to be listened to … frankly this rule is ridiculous in the extreme."

Fianna Fáil Senator Ollie Crowe said on Twitter: "Businesses have enough challenges currently without this red tape nonsense. Government needs to take action today and rein this in."

Rural Independent TD Mattie McGrath, who opposed the legislation, said the new regulations are not enforceable.

Mr McGrath expressed concerns about GDPR rules if personal information, including what someone has eaten, must now be held in restaurants for 28 days.

"It was laughable to think that purchasing a €9 meal would somehow protect you from coronavirus but now they want to know exactly what you have had to eat on a night out. Where is your right to privacy gone and what is the purpose of such records?" asked the Tipperary TD.

Labour's justice spokesperson Brendan Howlin said it was an extreme measure to make pubs and restaurants hold records of people's meals given that there is no scientific evidence that eating food reduces the risk of Covid-19.

A €16m package of measures announced by the Cabinet to assist "wet pubs" has been roundly criticised by the industry as inadequate.

Meanwhile, a group of Co Monaghan publicans today launched a billboard campaign calling for the reopening of pubs that do not serve food.

The reasoning behind the new regulations

Minister for Health Stephen Donnelly believes his new measures will protect licensed premises which are complying with the guidelines.

They can prove that they sold both food and drink. Any premises not complying with the regulations risks running foul of the law.

Under new legislation passed today in the Dáil, and going to the Seanad next week, gardaí will be given new enforcement powers. 28-day data retention is one issue that gardaí can inquire of a licensed premises.

If the premises cannot show the data, then it has to either come into compliance or risk being closed for a period of time.

The Licensed Vintners' Association rejected this approach completely. It argued pubs now have to "prove their innocence".

The LVA said An Garda Síochána's own data shows that there is widespread compliance with public health guidelines. Its charge is that this new approach is both unfair and unnecessary.

The LVA and the Restaurants Association of Ireland have made enquiries to the Data Protection Commissioner as to whether retaining such information is legal or appropriate.

The Government has defended its twin initiatives by arguing the ongoing presence of Covid-19, means we are compelled to do things differently for public health reasons.

Additional reporting Mícheál Lehane and Fergal Bowers

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