New Licence Application

Court Procedure

An application for a certificate or declaration for a new on-licence is made to the Circuit Court in the area concerned. The Revenue Commissioners grant it. A court order is required.

Notices generally given to superintendent Garda Siochana  the District Court office the County Registrar and the fire authority. 21 days’ notice is required save in relation to the fire authority where  one months’ notice is generally required.

Generally, an advertisement  is to be published giving notice of the application in an newspaper circulating in the area. Plans and maps showing the extent of the licensed area are to be prepared.

Applicant

The licence may be granted to an individual partnership, company or a nominee. The person running and managing the premises must have the requisite knowledge of licensing laws and the capacity to run the premises properly.

Under  legislation to combat drug trafficking certain premises and certain persons may be disqualified for life periods from  holding licences.Where a licence has been forfeited no new licence is to be granted in respect of the premises concerned..

The title of the applicant to the premises concerned whether as a freehold or occupational lease holder is required as proof. In most cases where a new licence is required the consent of the existing licence holder to the extinguishment of that licence is required. A substitute licence is acquired. The relevant conditions regarding that licence former licence must be satisfied.

Objectors

Generally , on the grant of a new licence any persons in the District Court Area concerned may object to the renewal. An Garda Siochana and the fire authority may object. They will normally appear on hearing the application.

Certain grounds of objection require an adverse  impact on the objector in which case that must be satisfied. However other more general grounds may be made by anyone within the relevant functional area. The older legislation refers to the civil parish or former health area under older local government legislation.

The ground for objection include

• the fitness and convenience of the premises
• character conduct and fitness of the applicant
• number of previously licensed premises in the neighbourhood.

Declaratory Application

Where a holder of a certificate proposes to construct a premises on an approved site, he may apply for declaration that the proposed premises would be fit and convenient  under the above criteria.  Objections will not be considered on the grounds of unfitness and inconvenience if they are built in a substantial conformity to the declaration.

An application for a new licence may be made where

• The original premises were demolished no more than two years before the date of application.
• the licence was attached to the original premises when demolished,
• the new premises are lawfully occupied by the applicant, and
• they are located on the original site or in the immediate vicinity and
• the location of the new premises where they are, rather than on the original site, is unlikely to have a material adverse effect on business carried on in any licensed premises in the neighbourhood and
• the applicant is occupier of the site and the remains of the original premises or has procured the consent of the occupier,
• then a new licence may be granted provided that the new premises is more suitable than the original premises.

The application is subject to the same criteria above, namely the character, conduct and fitness of the applicant or the premises. The new licence carries over any conditions and convictions which applied to the old licence.

Fitness and Convenience

There are provisions for a declaration as to the fitness and convenience of a proposed licensed premises (or a registered club). Fitness and convenience cover both suitability as a structure and also issues of nuisance, annoyance, and inconvenience to occupiers in the vicinity.  The absence of facilities such as car parking is relevant. Where a declaration of suitability is granted, it remains in force for two years.

There is a provision for a declaration of suitability of licensed premises for a restaurant certificate or limited restaurant certificate.  It remains in force for two years.

Where in the application it is shown that a declaration has been granted and that the premises have been acquired, constructed, or altered in substantial compliance with the declaration, the court may not refuse the application on any grounds other than the character, misconduct, or unfitness of the applicant.

The requirement for licensing is over and above that for planning permission building regulation compliance, compliance with the Fire Safety Act, health safety and welfare of work legislation. Compliance with that legislation is also necessary. The court may look at these issues in particular in the context of a new licence.