Liquor Licensing

Table of Contents

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 Circuits in the State. Generally, Circuit Courts sit four times a year in most major towns. However, it is possible to apply to the Circuit Court in another part of the Circuit as required from time to time.

The Circuit Court deals with the original grant of certain major licences including public license, special restaurant licence, hotel license, order to permit public bar in a hotel, holiday camp licence, original club registration, restaurant certificate with publicans licence.

The Circuit Court grants the principal liquor licences when an existing licence is extinguished. This may occur when a wholly new premises is developed and a licence is purchased and extinguished in another part of the country.

Where a licensed premises is wholly redeveloped it is generally necessary to apply for a new licence because any change in the structure or identity of the premises destroys the license. Generally one of a number of grounds is available whereby the old licence on the old pre-developed property is substituted by the new licence without the need to purchase an additional licence.

Circuit Court Procedure

The Circuit Court makes an Order declaring the relevant suitability etc and the licence application is then made to the Customs and Excise branch of the Revenue Commissioners for the licence itself.

Notices of the application must generally be made to An Garda Siochana, fire officer and, the District Court. Newspaper advertisements are generally required at least 21 days prior to the application.

The plans showing the extent and location of the premises concerned must generally be lodged with An Garda Siochana, fire officer and the District Court as well as being before the Court. Proof of planning and building control legislation is required.

The conditions for grant of new licence are complex and technical. Where a new licence is being applied for it is necessary to show that another licence has been extinguished. Effectively this amounts to paying the existing holder of the licence to consent to its extinguishment.

Unlike the case, prior to the year 2000, the licence may be anywhere in the State. This has greatly increased flexibility for opening new licensed premises.

Where a premises is rebuilt or reconstructed, a new licence may be obtained on the basis of the former or existing license. Provided the relevant proofs are in order under legislation and the relevant authorities do not object the Court will rarely object to the application.

Liquor Licensing the District Court

Some licences are granted by the District Court directly. There are principally minor licences which are granted by the District Court. These include restaurant certificate and limited restaurant certificate, spirit, wine and beer retailers, off-licence, wholesale beer dealer licence, annual public dancing licence or an annual music and singing licence, wine retailers licence where objection lodged, certain other application to upgrade and extend licences.

In addition, the District Court is the principal Court in which licensing matters are dealt with on an ongoing basis. In particular transfers of licences, prosecutions for breach of licensing, public order and other legislation and applications for extended opening hours are made to the District Court.

Annual Renewal

Prior to 1986, all publicans’ licences were the subject of a renewal application in the annual licensing Court. This now only applies if a notice of objection has been lodged in the District Court. This applies to both on and off-licences. Where a court certificate is required, it must be produced when applying to Revenue for a new annual licence. Otherwise, the application is made directly to Revenue. An excise duty is payable on renewal.

Certain other licences must be renewed to the annual licensing Court including:

Restaurant certificate;
Club licence;
Music and singing licence;
Public dancing licence.

District Court Procedure

The annual licensing Court is held in each District Court area at the end of September. The District Judge may extend applications from time to time so that the District Court annual licensing may continue for several months.

The District Court office maintains a register of licences. This is searchable by the public. It will include details of renewals, convictions, etc.

A third party may object to the renewal of a District Court licence. Where an objection is made the matter is then heard before the annual district licensing Court. This applies to most public house and restaurant licences as well as off-licences.

Separately upon renewal, the fire officer must be given at least one months notice irrespective of whether the licence is renewed through the Revenue Commissioners directly or if a court certificate is required.

The basis of objection will usually relate to the manner in which the premises has been conducted and compliance with licensing laws. An Garda Siochana are notified.

Transfer of Licence

Where publicans and certain other intoxicating liquor licence premises are transferred mid-year it is necessary to immediately apply to the District Court for a so-called ad-interim transfer. The requirement applies to publican and hotel licences, off-licences and special restaurant licences.

The applicant is examined on oath to determine whether he is suitable. Certain persons are disqualified from holding a licence. These include moneylenders, pawnbrokers, distillers, police officers, certain convicted persons, persons convicted of drug dealing.

The application for the ad-interim transfer is on 48 hours notice to the local District Court.An Garda Siochana must be notified and may object. The transferee must give 48 hours notice to an Garda Siochana and appear before the District Court to prove the transfer and the competence and good character of the transferee.

Where a licence is transferred mid-year it is necessary to apply to the annual licensing Court in the district in autumn to confirm the transfer.

Registered Clubs

A club is any private association of members. Strictly speaking the sale of alcohol within club premises may be capable of being categorised as a division of club assets and not categorised as a sale and subject to the intoxicating liquor licence requirement. For this reason, special legislation was introduced over a century ago in relation to the registration of clubs.

A registered club may subject to certain conditions serve alcohol. There are conditions regarding admission of non-members to the club. There must be a genuine common association in relation to the club.

It is not and never has been necessary to extinguish or purchase an existing licence. Once properly certified as a bona fide club much of the same liquor licensing laws as applies to public houses apply to a registered club.

A club licence must be renewed annually through the District Court. Third parties can object to the renewal. The application must be advertised and full details and An Garda Siochana and Health Authority must be notified. Details of members, committee and management must be submitted together with certain other certificates.

Public Dancing Licence and Restaurant Certificate

A public dancing licence must be applied for annually. The fire officer, An Garda Siochana and others must be notified. The application must be advertised at least once. Notifications must take place within one month. Plans must be lodged as with the club licence.

Because public dancing licences are used by nightclubs and other such places certificate of compliance with fire requirements are required. CCTV may be required. Private security services must be compliant with the regulations.

A restaurant certificate must be applied for annually. A notice must be given to An Garda Siochana and the District Court office. No advertisement is required. Plans need not be furnished unless it is the first application.

Certain annual exemption orders must be applied for to the annual licensing Court.

Extensions and Special Permissions

It is possible to extend the time in certain circumstances and under certain conditions in which intoxicating liquor licence may be served. This may relate to particular special occasions such as weddings and functions, general occasions affecting a locality such as a festival or may apply more generally to certain types of premises such as nightclubs which seek and obtain several hours on an ongoing basisConditions may be imposed in relation to extensions in relation to fire standards, licensing of doormen, CCTV, etc.

A special exemption order may be granted in relation to a special occasion. This may be a special event or the entertainment or persons of a particular group or where a substantial meal is served, a private function with a substantial meal, dance in a licensed dance hall. The District Court has regard to the opinions of An Garda Siochana. It will consider the impact upon the locality.

A special exemption Order may generally be granted for up to 2:30 a.m. This is the maximum. On a Sunday night, it may not extend beyond 1 a.m. unless the Monday is a bank holiday. The Court duty on special exemptions is significantly higher than many other Court fee applications. The applications are made to the District Court on at least 48 hours notice. Cubs may apply for extensions but are limited to 15 per year.

Occasional licences permit an application for the sale of alcohol from a premises that is not otherwise licensed on the occasion of a special event. What is special is a matter of interpretation for the District Judge. The licence may be granted on up to six days. The licence may be granted for temporary structures. The application is made to An Garda Siochana and District Court and fire officer.

Off Licences

There has been a large increase in the number of off-licences since the law was reformed in 2000 so that any licence anywhere can be extinguished for the grant of a new license. Many supermarkets and convenience stores now have obtained licences. The sale of beer and spirits in retail premises may also require a grant of planning permission.

The application for an off-licence is to the District Court and is broadly equivalent of the application to the Circuit Court for a new licence. The application must be notified to the District Court office and An Garda Siochana. It must be advertised in the newspaper at least 21 days in advance.

A clean current licence somewhere in the State must be extinguished. Proof of its status must be given from the relevant local District Court office. Plans and documents must be furnished.

The application for wine retailers off licence does not require extinguishment of an existing license. It is made to the District Court in much the same way.

Separation from Non-Licensed Business

A licensed premises must beorganised to provide for a measure of structural separation of the licensed and unlicensed business. The separation must be by way of a wall or barrier to which public access is had by way of a door, gate or turnstile. No non-licensed activity will be carried out within this point. This provision applies to an on-licence premises.

In the case of an off-licence premises, there is a voluntary RIA code of practice. This deals with separation in relaiton to the display of alcohol, proof of age, training, advertising and hours. Legislation has been enacted, which may be commenced, if the code is found to be insufficient in practice.

Enforcement

There are numerous licensing offences, which are dealt with separately.Licensing law is largely enforced by An Garda Siochana.

Where offences occur the Court may endorse convictions on the licence. In some cases, the Court must endorse the conviction of licences, while in other cases, there is discretion. Where a premises receives a number of endorsements, the license is forfeited and may no longer trade as such. It is not generally possible to simply obtain another licence and trade again. This represents a serious and severe potential sanction for misconduct of the licensed premises.

The District Court may order the closure of premises on the grounds of disorder or noise for periods of up to seven days for the first offence and 7 – 30 days on a subsequent case.

If certain drug offences have been taken place on the premises the licence may be suspended or forfeited.

Prosecution

The time limits for prosecution of summary offences do not apply where an offence under excise law is triable either on indictment in the Circuit Court or on a summary basis in the District Court.