Off-Licences
Off-Licences
Generally, an off-licence refers to a licence for the sale of intoxicating liquor for consumption off the premises. There are restrictions on alcohol consumption in the vicinity of the premises.
An off-licence is not a “shop” for the purpose of the Planning Act’s exempt development regulations. Therefore, planning permission is usually required to change the use of a shop to an off-licence. The ancillary sale of wine in conjunction with general retail use does not generally require planning permission where there is an existing use of premises as a shop.
A retailer’s off-licence is not to be granted to the holder of retailers on licence if it authorises the sale of intoxicating liquor, which is not permitted for sale under the licence (because of its terms or limitations).
Typically, there may be the following licences combined
- a spirit retailer’s off-licence;
- a wine retailer’s off-licence;
- a beer retailer’s off-licence.
In most cases, a certificate of the District Court is required pursuant to an application authorising the Revenue Commissioners to issue the licence.
Spirit Retails Off-Licence
A spirit retailers off-licence permits the sale of spirits in closed vessels. The spirit retailers off-licence is commonly known as a spirit grocer’s licence. A licence for the retail sale of beer may sell retail cider without a further licence Generally the above licences will be held together.
The licence issued by Revenue Commissioners for retail sale allows the sale of spirits in quantities of not more than 16 pints or one dozen reputed quart bottles, and the retail sale of beer and cider does not exceed double this quantity. It is necessary to obtain a prior certificate of suitability for the licensee and the premises from the District Court.
A wine retailer off-licence permits the sale retail sale of sweets/manufactured wines and foreign wines in close vessels at least 0.479 L (1 pint)
The licence is granted upon production of a certificate from the District Court. The ordinary procedures requiring advertisement prior notice apply.
Wine Retailers Off-Licence
A new wine retailer’s off licence may be granted pursuant to a District Court certificate.
A certificate may be refused on the basis of the
- character, misconduct, or unfitness of the applicant,
- unfitness or inconvenience of the premises,
- unsuitability of the premises or the needs of persons residing in the neighbourhood,
- adequacy of the existing number of licensed premises of the same character in the neighbourhood.
Objections may be made by the Superintendent of Garda Síochána or persons residing in the neighbourhood. The Superintendent of Garda Síochána may object to renewal.
They above provision regarding objection and refusal by the District Court apply also to spirit retailer’s off-licence, beer retailers off -licence and wine retailers off-licences.
The District Court may exercise in relation to a wine retailer’s off-licence, with all necessary modifications, the powers, jurisdictions and authorities which it has in relation to a spirit retailer’s off-licence except the conditions applicable to a spirit retailer’s off-licence.
Beer Retailers Off-Licence
A beer retailers off-licence permits the sale of cider and beer. The licence is granted upon the production of a certificate from the District Court certifying the suitability of the licensee and the premises.
A beer retail off-licence is subject to the general licensing limits and accordingly requires the extinguishment of another licence for a new licence.
Notice of the application for the licence is given to Superintendent Garda Siochana and is advertised in a newspaper circulating in the area. The court must be satisfied as to the suitability of the premises and the applicant.
The court may consider the adequacy of the number of existing licensed premises of the same character in the neighbourhood. Objections may be made to the grant of the licence on the basis of these factors. They may be made by Superintendent Garda Siochana or a third party resident.
A licence may be granted subject to conditions and restrictions. In particular, there may be a condition regarding security and use of closed-circuit television systems.
Extinguishment of Licence
The general restrictions on the issue of new publicans on licences also apply to certain categories of new off-licences. In the case of a new spirit retailer’s off-licence and a beer retailer’s off-licence, an existing licence must be extinguished.
The licence extinguished may be publicans on the licence or a spirit retailer off-licence and a beer retailer off-licence.
Other more limited licences, in particular a wine retailer off-licence do not require the extinguishment of an existing licence.
Procedure
The general provisions in relation to declaratory certificates apply. This allows for a prior application to be made before works on the premises are done. Once granted there are limited grounds only upon which the subsequent application may be refused, once the premises has been completed.
Objections can be made based on the conduct of the premises on the part of the applicant’s disqualification conviction for certain offences and certain other grounds.
The general principles of licensing apply. The licence must be held by the holder of the occupational interest in the premises i.e. leaseholder or freeholder. There is a right of appeal to the Circuit Court in relation to the refusal of a certificate. An objector who attends may also appeal against the licence grant.
The licences generally expire on 30th September, and the general provisions regarding renewal applicable to onlicences apply. Therefore, an application to court will not generally be necessary unless there is an objection.