District Court Licensing

Table of Contents

Overview

Most licensing applications are undertaken in the District Court. Major applications, such as the grant of new licences, are made in the Circuit Court.

The court grants a declaration entitling the application to a licence. The actual licence must then be applied for to the Revenue Commissioners.

Excise duty is payable at set levels on particular licences and other intoxicating liquor orders. Some may depend on turnover. The court fees on licensing are higher in some cases (e.g., exemptions) and represent a quasi-tax.

The court rules lay out the requirements for the respective types of licences. In broad terms they typically involve giving a formal notice of application to the court officers and Garda Siochana the fire officer and in some cases, other parties.

Renewal and Transfer

Most retail licences for the sale of intoxicating liquor expire on 30th September. This includes the following

publicans on licence
special restaurant licence
wine retailers on licence
wine retailers off-licence

Formerly, the most common licences were the subject of an application to the annual licensing court. In many, if not most, cases, including the standard publicans on licence, an application to court is no longer necessary.

In these cases, the application for renewal is made directly to the Revenue Commissioners without the requirement for a court certificate. Where a certificate is required, it must be produced to Revenue. The relevant fees are payable for the licence. They are charged as an excise tax.

There must have been a licence for the previous year. The fee for an on-licence is based on the premises’ turnover. A tax clearance certificate is required. The holder of the previous licence is the person entitled to apply. If he is not the previous holder, a court certificate will usually be required.

The applicant for renewal must be in possession of the premises. The general principle is that the licence holder must hold the most occupational state, i.e., freehold or release, to which there is no sublease.

Court Renewal

A certificate is required from the District Court as to the good character of the licensee and the peaceable and orderly conduct of the premises in the year concerned where

a notice of objection to renewal has been lodged within the prescribed time,
there is a proposed change in opening conditions
or licence is in one of the categories that require an application to renew.

This certificate be presented to Revenue Commissioners where required in order to renew

Objection

Notice of objection must be given in the statutory form. It must be served on the holder of the licence and filed with the District Court office. The District Court office is to notify the Gardai and Revenue Commissioners.

An objection to renewal may be based on the manner in which the premises have been run, alleged breaches of the law and the character of the licence holder. Reference may be made to

convictions
breach of licensing conditions,
refusal to allow entry where this is impermissible, the fitness of the premises,
the manner in which trading has been undertaken,
nuisance caused,
that limited or no trading was undertaken.

Notice and Service

Depending on the type of application, a certain period of prior notice is required. Shorter notices apply to extensions.

In some cases, such as for the grant of new licences, the application must be advertised in newspapers circulating in the area. This applies to new licences, certain declarations, and major exemptions where there is a public interest such that it is appropriate that members of the public have the opportunity to object.

Generally, papers are lodged with the District Court office showing proof of service on the various parties required.

The relevant parties are normally

the superintendent of the Garda Siochana in the area where the premises are situated
the fire authority, generally, the Council for the area concerned.

Annual Licensing Court

Formerly all licences were subject to an annual licensing court renewal. The legislation was reformed so that an application to the court for renewal is required only where a party objects to the renewal of the licence. In these cases, the renewal takes place by way of application to the Revenue Commissioners.

Reflecting the older annual renewals, there is an annual licensing court for each District Court district, which is held in the month of September. It may continue with adjournments for some period thereafter.

Certain types of annual applications are made to the licensing court, which effectively blocks the time needed to deal with licensing matters. This includes, in particular, such things as

objections to the renewal of ordinary licences
renewal of restaurant certificates
renewal of club registrations
renewal of certain exemptions
renewal of annual public dancing licences
renewal of music, singing and dancing licences
confirmation of transfer of licences

Regular Licensing and Prosecution

Licensing applications generally are heard throughout the year in the District Court.

In addition to the civil licensing jurisdiction of the District Court, many licensing offences are prosecuted in the District Court. The District Court tries cases summarily. Where the case is tried on indictment, the earlier phase is usually heard in the District Court.

There is a range of offences that can be recorded on a licence. The licence holder must produce the licence for physical endorsement. After a number of endorsements, the licence may be forfeited.

There are separate more modern provisions for closure orders whether temporary or permanent. There are also circumstances upon conviction for certain serious offences in which a licence may be forfeited. The licence holder may be barred for a period from ever holding a licence.

Register

The District Court clerk maintains a register of licences. Details of all licences for the sale of intoxicating liquor in the court area are to be entered. Renewal transfers and other matters, including, in particular, convictions, are to be entered. The file may cross-reference to maps and plans relating to the licence concerned.

A Member of the public in the area may inspect the licensing register. The registers are deemed evidence of certain matters until the contrary is shown, including in particular, convictions, endorsements and forfeitures.

Appeal

There is generally an appeal to the Circuit Court with respect to orders made by the District Court in licensing matters. Generally, the decision of the Circuit Court in relation to the grant or refusal of a licence may itself be appealed to the High Court. An appeal may be taken by an objector or the licensee application.

If renewal is refused, there is an Appeal to the Circuit Court. It is possible to apply to the circuit court. The licence continues temporarily pending the appeal.

TransferThere is generally an appeal in the case of convictions for breach of the Intoxicating Liquor Act to the Circuit Court. In certain cases, the Circuit Court judge may remove an endorsement even if the conviction is upheld.

Where a licence is forfeited, the Circuit Court may grant a temporary licence pending an appeal.

CC Original Jurisdiction

The Circuit Court rules make provision in respect of the grant of new licences and the original jurisdiction of the Circuit Court in licensing matters. The County Registrar’s office plays the same role as the District Court office.

Notice is to be served on various parties including Superintendent Garda Siochana, fire authority and the District Court judge in the case of key licence applications. Advertising is generally required of the licences concerned.