Renewal & Objections

Renewal

Most licences remain 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 no longer required, unless a notice for objection has been lodged, the holder ceases to be a resident in the country or cannot be found or where it is proposed to insert a Sunday closing or early closing condition.

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. It is possible, however, that third parties who might formerly have objected can themselves initiate a court objection application.

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. It tax clearance certificate is required. The holder of the previous  licence is the person entitled to apply. If he was not the previous holder, a court certificate will usually be required.

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

It is  necessary to give notice of renewal to the fire authority. One months’ notice is required.

District Court Cert

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 proposed the change in opening conditions
• or licence is in one of the categories which require application to renew.

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

Objection

Under the 1986 Act, an objection for renewal may be made by any person, who have been authorised to object before the making of that Act namely, the Superintendent of an  Garda Síochána or Inspector in his absence, a member of the community, or the District Court on its own knowledge.

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.Where an objection is made orally its nature need not be stated so long as a formal objection is made.  However its nature must be shown in the written notice served for the adjourned hearing.

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.

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.

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

Objection Criteria

The Licensing (Ireland) Act 1833 deals with objections to the granting of on-licences.  Any inhabitant of the parish or health authority in whose functional area the licensed house is situate, may give notice those to the County Registrar objecting to the grant of a new licence.  This may be founded on

• character, misconduct, unfitness of the applicant,
• unfitness or inconvenience of the house or premises,
• number of previously licensed premises in the neighbourhood.

The court considers the validity of the objection and may for that purpose examine the applicant on oath. The objecting person must be an inhabitant of the parish.  Different provisions apply in other contexts.  The Garda Superintendent of the District may object.  The fire authority must be given notice and it may appear and give evidence in any such application.

The objection must be an objection in substance.

Unfitness does not necessarily imply character.  It involves the person’s ability to carry on the trade of a licensed premises.  He must know how the trade is carried out.  He must intend to supervise the business.

Unfitness of Premises

The unfitness or convenience of the premises includes in particular the possibility of exercising police control and supervision.  Suitability includes everything arising from the locality.

Objections on the grounds of unfitness are generally one for the health authority.  The fire authority may object, if the premises are unsuitable based on fire safety considerations.

The excessive number of previously licensed premises in the neighbourhood may be a valid ground in certain cases in respect of a premises not previously unlicensed.  The court has no jurisdiction to consider an objection in the case of transfer of a premises which is already licensed.

Evidence of breaches by previous tenants are admissible in relation to the character of the premises.

The refusal to serve a person lawfully entitled to be served may be a ground for objection.

Not Trading

In the absence of evidence that trade has been carried on in the previous year, the District Judge has no jurisdiction to issue a certificate in relation to the business having been carried on in a peaceful and orderly manner.  The Circuit Court has allowed renewal, where no trade has been carried out for reasons outside the licensee’s control such as the destruction of the premises by fire.

In a case where trade was only carried on for one day, the High Court held that the District Judge was correct in holding that it is not carried on within the last year.  However, the temporary abandonment of the premises during the course of the year would not negate the carrying on of the trade for this purpose.

An objection may be made for the renewal in the name of the nominee, if it is established that the nominee has not had an active role in the affairs of the company of the premises sold to be answerable for breaches of the licensing law.

Misc Renewal Issues

Where the licence has expired, an application is made within one year, the court may grant to the applicant a certificate for renewal It is not granted if the holder objects or the applicant is not suitable.

The licence cannot be renewed in the name of a deceased person. If a licence lapses a renewal may be obtained within six months of its expiry.

Where the licence has expired, an application is made within one year, it may grant to the applicant a certificate for renewal and the applicant is deemed the holder of the lowest estate.