2018 Act Many distilleries and breweries, including micro-breweries, are tourist attractions and welcome visitors on guided tours. Under the Licencing Acts, however, unless the owners acquire a pub licence or an off-licence, it is not possible to sell those visitors the product that is made on the premises. The purpose of the 2018 Act is to rectify that situation by permitting the sale by distilleries […]
Prices Orders have been made from time to time under the Prices Acts, requiring pricelists for food and alcohol/beverages to be provided and displayed in licensed premises. The legislation generally requires the display at entrances and within the premises. The breach is subject to summary conviction to a class A fine. The legislation allows for payment at the point of delivery, provided that the recipient […]
Music & Singing Licences The Public Health Act 1890 provides for music and singing licences where the local authority has adopted the relevant part of the legislation. This is generally applicable in the main cities. The general position is that a premises or place, whether or not licensed for the sale of intoxicating liquor, may not be used for public singing music or other public […]
Disorderly Conduct A licensee shall not permit disorderly conduct to take place on a licensed premises. Disorderly conduct means unreasonable behaviour by a person on licensed premises which, having regard to the circumstances, is likely to cause injury, fear or distress to any person on the premises. It includes but is not limited to violent, threatening, abusive, quarrelsome or insulting behaviour, conduct causing damage to […]
General The hours of permitted trading are set out in the Intoxicating Liquor Acts. The general opening hours on Monday, Tuesday, Wednesday, and Thursday are 10:30 AM to 11:30 PM. On Friday and Saturday, closing is extended to 12:30 AM on the following day. On Sundays opening hours are between 12:30 PM and 11 PM. Where a public holiday other than Christmas Eve is on […]
Licence A licence authorises the licensed person to carry on the business licensed by that licence. An on-licence permits the retail sale of intoxicating liquor for consumption on or off the premises. An off-licence permits sale for consumption off the premises (100m+). Retail licences limit the quantity of intoxicating liquor that may be sold to specific amounts to particular persons on particular occasions. Not more […]
Hotel A licence may be granted for a hotel being a premises with 10 bedrooms or apartments or 20 in a county borough or Dublin metropolitan district. This type of hotel did not have a bar. However later provisions of the Intoxicating Act 1960 allowed the acquisition of a bar and the Intoxicating Liquor Act 2000 allowing for conversion to a bar. A person who […]
A new wine retailer’s licence shall not be granted except 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 existing number of licensed premises of the same character in the […]
Licence Restriction (pre-2000) The foundation of modern intoxicating liquor licensing law is the Licences (Ireland) Act 1902. This Act was passed in response to an enormous proliferation in the number of licence. It meant that the circumstances in which new licences could be granted were very strictly limited. The 1902 Act introduced a general prohibition on new licences for the sale of intoxicating liquor. It […]
New Licences The Licensing (Ireland) Act 1902 capped the number of existing licences. All new licences granted thereafter are by way of exception to that general prohibition. The Act contained a number of exceptions in itself which have been gradually expanded over the last century. The previous licence must have been the same or more comprehensive than that sought. It is not possible to upgrade […]
Restaurant certificates. An applicant may request the court to certify on application for a certificate for a new licence or transfer of a or renewal of a licence, that the premises is a restaurant for the purpose of Intoxicating Liquor Acts. If the court, having heard the officer in charge of the Garda Síochána for the area, is satisfied that they are structurally adapted […]
Court Certificate The licences most typically associated with intoxicating liquor require a prior court certificate. Formerly, annual renewal was required for a wide range of licences. This requirement has largely been removed and a court certificate is generally required at the time of first licensing, on transfer of ownership or if an objection is lodged to renewal. The principal publicans ordinary seven day licence requires […]
Bodies Involved Intoxicatating liquor licensing control is undertaken under the auspices of the District Court and the Circuit Court and their respective offices. The Garda Siochana is intimately involved. The Fire Authority has also been given a role within the last 40 years. The licensing system is focused on public order in the control and regulation of the sale of alcohol. The Gardai focus on […]
Lowest Estate The holder of the lowest estate or tenancy in a premises for which the licence is in force may apply to the court to have the licence transferred to him. A licence held other than by the holder of lowest estate or tenancy is not capable of being extinguished for the purpose of the grant of a new licence. Temporary Transfer The Public […]
Any person may object to court against an application for renewal of a licence to the Revenue Commissioners in respect of premises based on the unfitness of the premises. Significant prior notice is required. The licence remains in force for a year and must be renewed. The renewal is granted to the same person for the same premises by the Revenue Commissioner. A certificate is […]
Endorsement of Offences Certain convictions in respect of the breach of the Intoxicating Liquor Acts are endorsed on the licence. In the case of prohibited hours, the recording of convictions is discretionary. A first conviction is not necessarily recorded. If recorded, a first conviction if recorded is recorded for two years. A second conviction is recorded for four years. A third and every subsequent conviction […]
Supply A publican is not obliged to serve all members of the public. This is subject to modern antidiscrimination legislation. Under older practice, a refusal to serve could constitute a basis for objection to renewal. A reason need not be given for refusal. A hotel, as defined under legislation reflecting the common law concept of an inn is under a duty to receive guests unless […]
Underage Offences There is a range of offences concerned with selling or providing alcohol to persons under 18 years of age. A licence holder may not sell or permit a person to sell or deliver intoxicating liquor to a person under 18 years. The applies irrespective of whether the consumption happens on or off the premises. A licence holder shall not sell or deliver intoxicating […]
Major Licences The Circuit Court There has been a cap on the number of liquor licences that may be granted Most liquor licences may not be granted unless another is extinguished. Intoxicating Liquor licensing takes place through the Courts and Courts offices The Circuit Court sits permanently in Dublin and Cork. There are also ongoing sittings of the Circuit Judge in each of the seven […]